IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 WP(C).No. 16951 of 2010(T) -------------------------- PETITIONER(S): --------------- HASSAN ABDUL AZIZ SHAIKH, TATMAI ZINDAWALI CHAWL, 2ND STREET, ROOM NO.10, GURAISH NAGAR, KURLA, MUMBAI-70. BY ADV. SRI.P.A.AUGUSTIAN SRI.V.K.SATHYANATHAN SRI.T.R.JAGADEESH SRI.P.VALSAN SRI.T.S.BIJU RESPONDENT(S): --------------- THE COMMISSIONER OF CUSTOMS, CUSTOMS HOUSE, WILLINGTON ISLAND, KOCHI-682 009. ADV. SRI.JOHN VARGHESE,SC,CEN.BOARD OF EXCIS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 16951 of 2010 ================== Dated this the 8th day of June, 2010 J U D G M E N T The petitioner herein imported a car. Proceedings were initiated in respect of the same for recovery of duty, fine and penalty. Ultimately the matter went to the Customs, Excise and Service Tax Appellate Tribunal, (CESTAT), who passed Ext.P8 order, wherein the Tribunal directed release of the car to petitioner on his execution of a bond along with appropriate bank guarantee for the differential duty and redemption fine till the matter is disposed of by the lower authorities as directed in the order. The petitioner's grievance in this writ petition is that the respondent is not releasing the car as directed in Ext.P8. 2. The learned Senior standing counsel appearing for the Central Excise and Customs, on instructions, submits that the car could not be released only because the petitioner has not furnished the bank guarantee and paid the differential duty, fine etc. as directed in Ext.P8. The counsel for the petitioner would submit that unless the respondent intimates the petitioner about the amounts to be paid, the petitioner cannot take further steps to pay the amounts and furnish bank guarantee as directed by the Tribunal. 3. I have considered the rival contentions in detail. w.p.c.16951/10 2 4. In view of the fact that the respondent is prepared to release the car on complying with the conditions fixed in Ext.P8 order of the Tribunal, I dispose of this writ petition with the following directions: Within one week from today, the respondent shall inform the petitioner exact amount he has to pay and the amount for which the petitioner has to furnish bank guarantee. The petitioner shall, on receipt of the same, comply with the directions in Ext.P8 order of the Tribunal. Immediately on complying with the above directions, the car shall be released to the petitioner. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge