IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 WA.No. 387 of 2011() -------------------- (AGAINST JUDGMENT DATED 28/06/2010 IN WP(C) NO.2104/2010) APPELLANT(S): RESPONDENTS IN THE WRIT PETITION CIVIL ------------------------------------------------------ 1. THE UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF FINANCE, (DEPARTMENT OF REVENUE), NORTH BLOCK, NEW DELHI-110001. 2. THE COMMISSIONER OF CUSTOMS, CUSTOM HOUSE, WILLINGDON ISLAND, KOCHI-682009. 3. THE DIRECTOR GENERAL OF FOREIGN TRADE, NEW DELHI. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GENERAL RESPONDENT(S): PETITIONER IN THE ORIGINAL PETITION -------------------------------------------------- M/S. ATUL AUTOMATION PVT. LIMITED, REPRESENTED BY ITS DIRECTOR SHRI KETAN KAMDAR, 8, BENTINCK STREET, KOLKATA-700 001. BY MR.P.A.AUGUSTIAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14/06/2011, ALONG WITH W.A.NO.389/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. ---------------------------------- W.A.Nos.387 & 389 of 2011 --------------------------------- Dated, this the 14th day of June, 2011 J U D G M E N T Ramachandran Nair, J. These Writ Appeals are filed against the judgment of the learned Single Judge directing release of the goods imported by the respondents on payment of 50% of the demand and on furnishing bond for the balance 50% demand. The Assistant Solicitor General appearing for the appellants produced our judgment in W.A.No.107/2011 and submitted that the direction issued by the learned Single Judge to release the goods on execution of bond for 50% of the demand is against the Division Bench judgment. 2. Learned counsel for the respondents submitted that goods have already been released and as of now appeals are pending. Going by the Division Bench judgment above referred, the Department is entitled to demand security in W.A.Nos.387 & 389/2011 -2- support of bond executed. The security can be either Bank Guarantee or property security, which should be by way of mortgage. The respondents are given freedom either to execute Bank Guarantee or execute mortgage deed with valuation certificate for immovable property in favour of the adjudicating officer, who has raised demand against them. This should be done within one month from today. The statutory appeals will be heard and disposed of after furnishing security as above. These Writ Appeals are disposed of modifying the judgment as above. (C.N.RAMACHANDRAN NAIR, JUDGE) (BHABANI PRASAD RAY, JUDGE) jg