Videojet Technologies (India) Pvt. Ltd. v. The Union Of India Through The Secretary And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3070 OF 2017 Videojet Technologies (India) Private Limited .... Petitioner Vs.

The Union of India & Others .... Respondents Mr. Pradeep Sancheti, Senior Counsel with Mr. Anil Dutt & Mr. Adarsh Ramanujan i/by Mr. Nilesh P. Parekh for the Petitioner.

Mr. Pradeep S. Jetly for Respondent Nos.1, 3 & 5. Mr. Bharat Bhogilal Patel, Respondent No.4, in-person, present.

CORAM: S.C. DHARMADHIKARI & B.P. COLABAWALLA, JJ.

DATE : MARCH 14, 2017 P.C:

1.

This writ petition was called out in the morning session. It prays that this Court directs respondent Nos.2 and 3 to grant import clearance to the petitioner's consignment and which is described in the bill of entry, dated 15-2-2017. 2.

When this writ petition was called out and argued

for sometime, on a query raised to Mr. Jetly, appearing for respondent Nos.1, 3 and 5, he points out that the concerned authorities have merely acted in terms of the communication, dated 17-2-2016, which is received on 22-2-2016. That was a communication from the Deputy Controller of Patents and Designs and addressed to the Additional Commissioner of Customs, SIIB (I), Air Cargo Complex, Sahar, Andheri (East), Mumbai - 400 099.

3.

A copy of this communication was handed over to Mr. Sancheti, learned Senior Counsel appearing for the petitioner, in Court. We have also been shown a copy of this communication, which is taken on record and marked "X" for identification.

4.

We had granted time to Mr. Sancheti to take appropriate instructions and after seeking them, Mr. Sancheti informs the Court that the petitioner would like to withdraw the writ petition with liberty to adopt appropriate proceedings so as to challenge not only this communication but also the contents

of the same in appropriate proceedings. In the circumstances, the writ petition is allowed to be withdrawn with the liberty as prayed for, and accordingly stands disposed of. (B.P. COLABAWALLA, J.) (S.C. DHARMADHIKARI, J.)