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Judgment
W.P.(C) No. 17701 of 2023 & I.A. No. 9335 of 2023
This I.A. has been filed for release of the vehicle bearing No. NL 01 AB 7075 detained by the authorities, in favour of the petitioner.
In compliance to the order of this Court dated 24.07.2023, Mr. R.P. Kar, learned Senior Advocate appearing along with Mr. A.K. Dash, learned counsel for the petitioner contended that the petitioner is ready and willing to take back the aforesaid vehicle by furnishing the entire penalty amount, i.e. Rs.8,05,314/- in shape of Bank Guarantee in view of Section 130 of the CGST Act, without prejudice to the rights and contentions made by the petitioner in the writ petition.
Mr. A. Kedia, learned Standing Counsel appearing for CGST raised no objection to such contention made by learned counsel for the petitioner.
In view of such position, as an interim measure this Court directs that in the event petitioner furnishes the aforesaid amount of Rs.8,05,314/- (rupees eight lakhs five thousand three hundred fourteen) in shape of Bank Guarantee in view of Section 130 of the CGST Act, without prejudice to the rights and contentions made in this writ petition, the opposite parties shall do well to release the vehicle bearing No. NL 01 AB 7075 in favour of the petitioner forthwith.
The I.A. stands disposed of accordingly.
So far as main case is concerned, Mr. Kedia, learned Standing Counsel appearing for CGST files the 2nd copy of the counter in Court today. The same be kept on record.
Call the main case after three weeks. Interim order passed earlier shall continue till next date.
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