Union Of India Through The ... vs Customs And Central Excise ...
2022 Latest Caselaw 7789 Bom

            Digitally signed by
LAXMIKANT   LAXMIKANT
GOPAL       GOPAL CHANDAN
            Date: 2022.08.11
CHANDAN     18:30:14 +0530                                                     (406) wp-2508.12.doc




                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 ORDINARY ORIGINAL CIVIL JURISDICTION

                                     WRIT PETITION NO.2508 OF 2012

            Union of India                                     : Petitioner.
                  Versus
            Customs & Central Excise
            Settlement Commission and ors.                     : Respondents.
                                                -----
            Mr. Pradeep S Jetly, Senior Advocate with Mr. Dhananjay B Deshmukh for
            Petitioner.
            Mr. Jas Sanghavi i/by Mr. Sanjay Agarwal for Respondent Nos.2, 3, 5 to 7 and
            9.
                                                -----

                                       CORAM :     K. R. SHRIRAM &
                                                   A.S. DOCTOR, JJ.

                                       DATED :     10th AUGUST 2022

            P.C.

            1               Respondent No.5 had filed Transfer Application (Criminal) No.38-

39 of 2013 before the Apex Court in which Respondent No.5 had prayed to the

Apex Court to withdraw and transfer the pending Criminal Writ Petition

No.1502 of 2012 and Writ Petition (Lodging) No.1523 of 2012 filed by Union

of India (which is later numbered finally as Writ Petition No.2508 of 2012),

which were pending in this Court. Application was made under Article 139A

of the Constitution of India for comprehensive adjudication as similar question

of general importance had already been considered by Apex Court in Writ

Petition No.249 of 2011. On 12th June 2013 a statement was made that

Transfer Application was still pending and this Petition was therefore stood

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over.

2 Order dated 16th July 2013 passed by Apex Court in Writ Petition

(Criminal) No.137 of 2011 reads as under :-

"Leave granted in the Special Leave Petitions. Transfer

Petition (Cri) Nos.38/39 of 2011 are allowed.

The Judgment has been reported in 2013 (298) E.L.T. 3 (S.C.).

Therefore application filed by Respondent No.5 to transfer this present Petition

with the pending petition before Apex Court has been allowed. Therefore

nothing remains in this petition before this court. Petition accordingly

disposed.

[A.S. DOCTOR, J]                                  [K. R. SHRIRAM, J]




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