Himgiri Buildcon And Industries Ltd. Through Manager Pradeep Kumar Goyal v. Union Of India, Ministry Of Finance Dept. Of Revenue And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (ST) NO. 5654 OF 2020 M/s. Himgiri Buildcon & Industries Ltd.

.....Petitioner V/s.

Union of India & Ors.

.....Respondents Mr. Bharat Raichandani i/b UBR Legal for the Petitioner. Mr. Pradeep S. Jetley, Sr. Advocate a/w. Mr. J. B. Mishra for the Respondent - UOI.

Smt. P. J. Gavhane, AGP for the Respondent - State. CORAM :

A. A. SAYED & N. R. BORKAR, JJ DATED :

30th JULY, 2020 P.C.:

The Petitioner had earlier approached this Court by fling the Writ Petition No. 862 of 2020. In the order dated 27 February 2020 in the said Writ Petition, the Court recorded the statement of learned Senior Counsel for the Respondents that the Petitioner's Application for provisional release of the goods in favour of Petitioner will be decided within two weeks.

2.

Pursuant to the aforesaid order, the impugned order dated 17th March, 2020 has been passed by the Joint Commissioner of Customs (Insitu) rejecting the provisional release of the goods in favour of Petitioner.

AKN 1/2

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The Petitioner has alternate remedy of fling an Appeal. In the circumstance, we are not inclined to entertain the Writ Petition. The Writ Petition is dismissed with a liberty to the Petitioner to exhaust the alternate remedy available in law. 4.

All concerned will act on production by fax or e-mail of a digitally signed copy of this order.

(N. R. BORKAR, J.) (A. A. SAYED, J.) Digitally signed by Sudarshan R.

Katkam Date:

2020.07.31 15:05:35 +0530 Sudarshan R. Katkam AKN 2/2