Kaka Carpets And Anr vs Union Of India And Anr
2022 Latest Caselaw 1322 Bom

Chittewan
                                                          11. WP 6548-21.doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

                       WRIT PETITION NO.6548 OF 2021

M/s Kaka Carpets
And Others                                 ... Petitioners
     Versus
Union of India
And Another                                ... Respondents

                                   WITH
                       WRIT PETITION NO.8101 OF 2021

M/s Nafia Collection                       ... Petitioner
     Versus
Union of India
And Others                                 ... Respondents

                                   WITH
                       WRIT PETITION NO.8102 OF 2021

M/s Global Enterprises                     ... Petitioner
     Versus
Union of India
And Others                                 ... Respondents



                                       ******
Dr. Sujay Kantawala a/w Ms. Chandani Tanna and Mr. Anupam Dighe i/b
India Law Alliance for the Petitioners in all petitions.

Mr. J.B. Mishra a/w Mr. D.B. Deshmukh for Respondents in all petitions.

                                    ******
                                    CORAM : R. D. DHANUKA &
                                            S. M. MODAK, JJ.

                                    DATE      : 8 FEBRUARY 2022.
                                    (Through Video Conference)



                            Chittewan
                                                                                             11. WP 6548-21.doc


                           P. C. :

                           .                 The issue involved in these Petitions is pending before the Hon'ble

Supreme Court in the Review Petition filed by the Union of India arising out of the judgment passed by the Hon'ble Supreme Court in the case of M/s Canon India Pvt. Ltd. Vs. Commissioner of Customs 1. We have granted interim protection in similar matters in view of the pendency of the said Review Petition till 31 March 2022. One of such Orders is passed on 3 January 2022 in Writ Petition No.5533 of 2021 filed by Alphard Maitime Pvt. Ltd. Vs. Union of India. In our view similar interim protection can be granted in these Petitions. We, accordingly, pass the following Order.

2 The Respondents are directed not to proceed with the impugned Show Cause Notices till 31 March 2022.

3 The Respondents are at liberty to apply for vacating the Order in the event of any Order passed by the Hon'ble Supreme Court in the Review Petition in their favour thereby recalling the Judgement in case of M/s Canon India Private Limited. If the review petition is not decided on or before 31 March 2022, the Petitioners would be at liberty to apply for continuation of the ad-interim Order.

4 Place the matter for Directions on 28 March 2022 along with Writ Petition No.5533 of 2022.

RAJESH VASANT CHITTEWAN Digitally signed by RAJESH VASANT CHITTEWAN Date: 2022.02.09 12:09:23 [S. M. MODAK, J.] [R. D. DHANUKA, J.] +0530

1 2021 (376) ELT 3 (SC)