Shani Enterprises Thr Its ... vs Union Of India Mumbai And Ors
2022 Latest Caselaw 1728 Bom

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                                                                                30 - WP 1679 OF 2022.doc

                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          Digitally signed by
KANCHAN   KANCHAN VINOD
VINOD     MAYEKAR
          Date: 2022.02.23
MAYEKAR   17:51:38 +0530
                                           CIVIL APPELLATE JURISDICTION

                                           WRIT PETITION NO. 1679 OF 2022

                          M/s. Shani Enterprises                             ..... Petitioner

                                  VERSUS

                          Union of India & Ors.                              ..... Respondents

                          Mr. Anand M.Sachwani for the Petitioner.

                          Mr.J.B.Mishra, a/w. Mr.Sham Walve, Ms.Sangeeta Yadav for the
                          Respondent No.2.

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

DATE : 21ST FEBRUARY, 2022.

P.C:-

The case of the petitioner is that its case is covered by the

judgment of the Hon'ble Supreme Court in case of M/s.Canon India

Private Limited vs. Commissioner of Customs, 2021(376) ELT 3 (SC).

2. In several matters, this Court has granted interim protection to

the petitioner in view of the review petition having been filed by the

respondents herein in the said matter.

3. The respondents and their subordinates are directed not to KVM

30 - WP 1679 OF 2022.doc proceed with the impugned show cause notice described in prayer

clause (b) of the petition till 31st March, 2022.

4. The respondents are at liberty to apply for vacating the order in

the event of any order passed in their favour by the Hon'ble Supreme

Court in review petition thereby recalling or modifying the judgment in

case of M/s.Canon India Private Limited (supra). If the review

petition is not decided before 31st March, 2022, the petitioner would at

liberty to apply for continuation of the ad-interim relief. Place the

mater on board for direction on 28th March, 2022 along with Writ

Petition No. 5533 of 2021.

5. At this stage, Mr.Sachwani, learned counsel for the petitioner

states that though the petitioner has applied for the provisional release

of the goods in question to the respondent no.3, the same has not been

considered. Ms.Yadav, learned counsel for the respondent no. 2 states

that she will take instructions from the respondent no.3 and if

authorized to file Vakalatnama, will file Vakalatnama also on behalf of

the respondent no.3. She also agrees to make a statement whether the

respondents are agreeable for provisional release of the goods in KVM

30 - WP 1679 OF 2022.doc terms of the application made by the petitioner on 10 th February, 2022

or any other reasonable terms.

[S.M.MODAK, J.]                            [R.D.DHANUKA, J.]