K. Raj And Co vs Union Of India And Ors
2024 Latest Caselaw 933 Bom

Bombay High Court

K. Raj And Co vs Union Of India And Ors on 15 January, 2024

Author: G. S. Kulkarni

Bench: G. S. Kulkarni

                                                                                                 11 WP391-24.DOC


            Mohite

                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION
 TRUSHA
 TUSHAR
 MOHITE
Digitally signed by
TRUSHA TUSHAR
MOHITE
                                                WRIT PETITION NO. 391 OF 2024
Date: 2024.01.16
15:47:47 +0530




                           K. Raj & Co.                                                   ... Petitioner
                                                 Versus
                           The Union of India & Ors.                                      ...Respondents
                           Mr.Prakash Shah a/w Mr.Jas Sanghavi i/b M/s.PDS Legal for the
                           Petitioner
                           Mr.Jitendra B. Mishra a/w Ms.Sangeeta Yadav for the Respondents
                                                _______________________
                                             CORAM:        G. S. KULKARNI &
                                                           FIRDOSH P. POONIWALLA, JJ.

                                             DATED:        15 January, 2024
                                                 _______________________
                           P.C.

1. We adjourn the proceedings to Wednesday, 18th January 2024, to enable the Department to consider whether, in the light of the Judgment delivered by this Court in Petitioner's own case in Writ Petition No.12757 of 2023, dated 4th November 2023, the Assistant Commissioner of Customs would nonetheless insist on a bank guarantee as set out in the communication dated 10th January 2024 by referring to Circular No.38 of 2016, dated 22 nd August 2016, more particularly, considering the facts and circumstances of the case.

2. Let the Department also consider the decision of this Court in RKZB International vs. The Union of India Thr. Its Joint Secretary Ministry of Finance of Revenue and Anr.1 After the Department would make its decision clear, we shall proceed to hear the parties and pass appropriate orders.

(FIRDOSH P. POONIWALLA, J.) (G. S. KULKARNI , J.)

1(2023) 9 TMI 366

15 January, 2024