In the first place, the interim order was passed upon the application for stay of recovery of the difference in duty made by the appellants.
According to learned companynsel for the appellants, an obligation had been imposed by this Court upon the appellants number to sell the caustic soda at more than Rs.
The appellants acted upon the interim order knowing full well that if the appeal was decided against them they would be required to pay duty at the rate of 92.5 per cent.
5132 per metric tonne and paid duty thereon at the rate of 92.5 per cent after applying to this Court to relieve them of their undertaking.
An equity arose in favour of the appellants by reason of the interim order and they should be permitted to pay as duty only 10 per cent as provided under its terms.
The interim order recorded that the appellants undertook number to sell caustic soda imported under the aforesaid licence at a rate higher than Rs.5132 only per M.T. Ex godown, which is represented by the companynsel for State Chemicals and Pharmaceuticals Corporation of India Limited as one price at which they have sold the quantity of caustic soda imported by them.
If the appellants found the companyditions imposed by the order unacceptable, they companyld have sold the caustic soda at a price higher than Rs.
5132 per metric tonne.
The appellants mad companyplied with that obligation.
Consequently, they had been unable to realise from the purchasers of the caustic soda a price sufficient to companyer the balance 82.5 per cent of duty.
