Union Of India Ministry Of Finance Department Of Revenue Secretary vs. Micromax Informatics Ltd. Through Its Director Mr. Asad Shakeel

¨ITEM NO.23 COURT NO.2 SECTION III S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Civil)....../2010 CC 4781/2010 (From the judgement and order dated 16/09/2009 in CUSAC No.11/2008 of the HIGH COURT OF DELHI AT NEW DELHI) COMMR.OF CUSTOMS,NEW DELHI Petitioner(s) VERSUS AMAN MEDICAL PRODUCTS LTD. Respondent(s) (With appln(s) for c/delay in filing SLP) Date: 01/04/2010 This Petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE S.H. KAPADIA HON'BLE MR. JUSTICE SWATANTER KUMAR For Petitioner(s) Mr. Gopal Subramanium, S.G. Mr. Tapesh Kr. Singh, Adv. Mr. T.V. Ratnam, Adv. Mr. B. Krishna Prasad,Adv. For Respondent(s) Mr. Rupesh Kumar, Adv. Ms. Pankhuri Srivastava, Adv. UPON hearing counsel the Court made the following O R D E R Delay condoned. Mr.Rupesh Kumar, Advocate, accepts notice. Since an important question of law arises for determination, leave is granted. However, it is made clear that there will be no stay, hence, assessee would be entitled to the refund. However, assessee will have to file an undertaking in 1 this Court, within four weeks from today, that in case it loses at the final hearing, it will have to return the amount with interest that may be fixed by this Court at the final hearing. The amount will not be refunded till undertaking is filed in the Registry. Undertaking to be filed shall be subject to the satisfaction of the concerned Registrar of this Court.

Hearing expedited.

Parties to complete their pleadings.

(N. Annapurna) (Madhu Saxena) AR-cum-PS Asstt. Registrar

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