- (1.) The petitioner has filed the instant application for following reliefs : " a) The order dated 30th September, 2019 be clarified and/or modified by directing the respondent no. 1 to allow release of the goods/consignment of your petitioner upon receipt of a sum of Rs.75 lacs in aggregate on account of detention charges without prejudice to the rights and contentions of the parties; b) An order be passed permitting your petitioner to pay a sum of Rs.50 lacs by Demand Draft/Pay Order and the balance sum of Rs.25 lacs by furnishing a bank guarantee to that extent to be issued by any Nationalized Bank; c) Ad-interim orders in terms of prayers above; d) Costs of and incidental to this application be borne by the respondents; e) Such further and/or other order or orders be passed and/or direction or directions be given, as to this Hon'ble Court may deem fit and proper"
(2.) I have heard learned Advocate appearing for the defendant No. 1. The petitioner has under the garb of seeking clarification of the order dated 30th September, 2019 practically challenged maintainability of the said order on the ground of vagueness. On careful perusal of the instant petition, it appears to this Court that this is not practically an application for clarification of the order dated 30th September, 2019. However, it is in the nature of review or recalling of the order.
(3.) Under such circumstances, I am not in a position to pass any interim order without affording an opportunity to the defendant No. 1 to file affidavit-in-opposition against the said application. For the reasons stated above, the instant application be listed before the Regular Bench. The defendant No. 1 is at liberty to file the affidavit-in-opposition within two weeks after vacation before the Regular Bench and serve a copy of the same to the petitioner. ;