Union Of Indiathrough ... vs 1. Bobsons Corporation
2022 Latest Caselaw 7608 Bom

          Digitally
          signed by
GAURI     GAURI AMIT                                   1/2                           WP-4022-2012.doc
          GAEKWAD
AMIT      Date:
GAEKWAD   2022.08.04
          10:34:42
          +0530                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION
                                       WRIT PETITION NO. 4022 OF 2012
             Union of India                                   ....Petitioner
                       V/s.
             Bobsons Corporation and Anr.                     ...Respondents
                                                      ----
                                                  CORAM : K.R. SHRIRAM &
                                                           MILIND N. JADHAV, JJ.

(IN CHAMBER) DATED : 3rd AUGUST 2022

P.C.:

1 Suo motu called for speaking to the minutes.

2 In the judgment dated 15th July 2022, the following corrections

to be carried out :

(i) In the last sentence of paragraph 7, the words "the conduct of petitioner" to be corrected to read as "the conduct of respondent no.1".

(ii) After paragraph 9, add the following as sub- paragraph :

"Though Mr. Jetly submitted that the order dated 25th February 2011 recording the proceedings held on 3rd February 2011, the Settlement Commission has noted that respondent no.1 had to be reminded of its obligation to make a true disclosure, that was not the final order and it got merged with the final order dated 12th September 2011 which is impugned in this petition. In the final order, there is no reference about any failure on the part of respondent no.1 to make full and true disclosure to respondent no.2. Even in the minority view, there is no reference about respondent no.1 not making full and true disclosure. The minority view was only differing with the majority view on the valuation of the imported goods and the resultant customs duty payable and not on the conduct of respondent no.1.

Gauri Gaekwad 2/2 WP-4022-2012.doc

Having perused the findings of the Settlement Commission, we find nothing wrong in the legality of the procedure adopted. We would go ahead and state that there is nothing wrong in the validity of the order of the Settlement Commission."

3 Rest of the judgment remains unaltered. Original judgment to

be corrected accordingly.

(MILIND N. JADHAV, J.) (K.R. SHRIRAM, J.)

Gauri Gaekwad