Decided on November 26,1991



T.P. Nambiar, Member (J) - (1.) THIS is an application filed by the applicant, Shri Samsuddin Sheikh bringing to the notice of this Bench that no progress has so far been made in the matter of refund of market price of the confiscated goods in pursuance of Orders passed by this Tribunal dated 10-9-1991. In terms of that Order, the Tribunal directed the authorities that the Order No. 472(A)/Cal/1991/472(C), dated 26-10-1990 [reported in 1992 (58) E.L.T. 246 (Tri.)] should be implemented within one month from the receipt of that Order and compliance report be sent to the Senior Departmental Representative who will mention the matter on 31-10-1991.
(2.) The matter was not mentioned and thereafter, the present application is filed which came up for hearing on this day. The Learned Consultant, Shri K. Chatterjee stated that inspite of the Order passed by this Tribunal, the market value of the goods has not been paid by the Assistant Collector and therefore, as prayed for in the application, a notice of contemplating action under Section 10 of the Contempt of Courts Act, 1971 for referring the matter to the Hon'ble High Court of Calcutta may be issued to the respondent in the event of his failure to comply with the Order passed by this Tribunal within time limit mentioned in the above said Order. Learned Senior Departmental Representative, Shri M.N. Biswas appeared for the respondent and stated that the concerned Officer had discussions about the same with him and he stated that the matter is in progress and the market price of the goods in question are being ascertained and the matter will be settled within a period of one month i.e. before December, 1991. He, therefore, stated that the authorities are very much trying to implement the Orders of this Tribunal and for want of some data in this behalf the matter is held up and he had definite instructions that it will be settled by the end of December, 1991.
(3.) SHRI K. Chatterjee, learned Consultant stated that the applicant had personally approached the refund-authority i.e. the Assistant Collector of Customs, Krish Nagar Div. on 14-11-1991 at his office at Krish Nagar and gathered that no arrangement of payment of market value of the sold out goods was made till the said date i.e. 14-11-1991. He also brought to our notice that the applicant had already furnished certain materials to the authorities indicating the market value of the property and this information was furnished before one year and the same was collected from the traders at Calcutta. He, therefore, stated that there will be no difficulty to make any enquiry in this behalf and since Orders passed by this Tribunal are not complied with, suitable Orders may be passed in this behalf.;

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