- (1.) THE Court: After hearing the learned counsel for the parties we admit this appeal on the point that what is the basis of quantifying of damages as against an official of Custom official for loss allegedly caused in course of discharge of official function. Mr. Bharadwaj appearing for the department waives service of notice of appeal.
(2.) LET the paper book be filed within two weeks after the Christmas vacation. There will be an unconditional stay of operation of the impugned judgment and order for a period of fortnight from date. In the event a sum of Rs. 10,000/ - is deposited by the appellant with the Commissioner of Custom. The interim order will continue till disposal of the appeal. This amount shall be kept separately. In default interim order will stand vacated.
(3.) ON plain reading of the impugned judgment and order we notice that on fact the learned Tribunal held that there has been dereliction of duty with regard to fake export. We do not know what steps have been taken by the department.;