IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7194 of 2010 1. M/S BHAGWATI INTERNATIONAL THROUGH ITS PROPRIETOR, SH. NIKHIL GUPTA, S/O SRI NARESH CHAND GUPTA, R/O 403,PUSHPANJALI VENKATESH APARTMENT,BUDH MARG, PATNA 800001. Versus 1. THE UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF FINANCE ,NEW DELHI. 2. THE COMMISSIONER OF CUSTOMS,CENTRAL REVENUE BUILDING,BIRCHAND PATEL PATH,PATNA. ----------- For the Petitioner :- Mr. Mukesh Kant. For the Respondents :- M/S. Archana Meenakshi & Archana Sinha. ------- 4 19/05/2010 The Court restrains itself from making any observation on the merits of the case in view of the fact that the matter is being remanded to the Commissioner of Customs, Patna for a decision on the question of release of the goods which is about 27 Metric Tonnes of PVC Resin seized on 21.02.2010. There are provisions for interim release of the goods subject to appropriate surety being provided as well as subject to the final adjudication. During the pendency of the writ application, I.A. No. 4935 of 2010 has been filed by one M/S. ADI Polyplast Ltd. with certain statements with regard to the merits of the case and the supplies which were made by them to the - 2 - present petitioner. If the petitioner and the intervenor appears before the Commissioner of Customs within one week from today and file their application with supporting materials, the Commissioner Customs may hear the petitioner and the intervenor and after verifying the actual state of affair may pass an appropriate order in this regard. The Court expects a decision on the issue after hearing the petitioner and the intervenor in another two weeks of their appearance and filing application. This writ application stands disposed of with the above direction. AMIN (Ajay Kumar Tripathi, J.)