Pradeep Kumar J. Jhaveri vs Union Of India And 2 Ors
2022 Latest Caselaw 2056 Bom

                                                           36-40wp2254-21g.doc

vai

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


                       WRIT PETITION NO.2254 OF 2021
                                   WITH
                       WRIT PETITION NO.2256 OF 2021
                                   WITH
                       WRIT PETITION NO.2409 OF 2021
                                   WITH
                       WRIT PETITION NO.2413 OF 2021
                                   WITH
                       WRIT PETITION NO.2726 OF 2021

      Pradeepkumar J. Jhaveri                                ...Petitioner
                 V/s.
      Union of India & Ors.                                  ...Respondents

      Dr.Sujay Kantawala i/b M/s.India Law Alliance for the Petitioners in
      all the above Writ Petitions.

      Mr.Jitendra B. Mishra with Mr.Ashutosh Mishra for the Respondent
      Nos.1 and 3 in all the above Writ Petitions.

      Mr.Sham Walve with Ms.Sangeeta Yadav for the Respondent No.2
      in all the above Writ Petitions.

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

DATE : 28TH FEBRUARY, 2022.

P.C. :-

1. Dr.Kantawala, learned counsel for the petitioner tenders a

copy of the order dated 8th February, 2022 passed by this Court in

Writ Petition No.6548 of 2021 in case of M/s.Kaka Carpets & Ors. vs.

Union of India and another and connected matters and submits that

the issue involved in these petitions is pending before the Hon'ble

36-40wp2254-21g.doc

Supreme Court in the Review Petition filed by the Union of India

arising out of the judgment passed by this Court in the case of

M/s.Canon India Pvt. Ltd. vs. Commissioner of Customs. We

have granted interim protection in similar matters in view of the

pendency of the said Review Petition till 31 st March, 2022. One of

such orders is passed on 3rd 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 notice till 31st 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 judgment

in case of M/s.Canon India Pvt. Ltd. If the Review Petition is not

decided on or before 31 st March, 2022, the petitioners would be at

liberty to apply for continuation of the ad-interim order.

4. Place the matters for directions on 28 th March, 2022 along

with Writ Petition No.5533 of 2022.

(S.M. MODAK, J.)                                  (R.D. DHANUKA, J.)

                  Digitally signed by
 VASANT           VASANT
 ANANDRAO         ANANDRAO IDHOL        2/2
                  Date: 2022.03.02
 IDHOL            10:49:47 +0530