Airfreight Pvt. Ltd. And ORS. v. The Union Of India And ORS.

(10) appp-454.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.454 OF 2019 IN CRIMINAL APPLICATION NO.1834 OF 1989 M/s. Airfreight Pvt. Ltd. & ors.

: Applicants.

Versus

Union of India and ors.

: Respondents.

Ms Anandi Fernandes i/by H R Shetty & Associates for the Applicants. Mr. Jitendra Mishra a/w Mr. Sham Walve for Respondent No.1. Mr. A R Patil, APP, for the Respondent/State.

CORAM

:

S. S. SHINDE, J DATE :

05th August 2019 P.C.

The learned counsel appearing for the Applicants submits that pursuant to the liberty granted by this Court, necessary amendments have been carried out in the Application. In fact the Applicants have prayed for staying the trial, however, inadvertently, by order dated 25th March 2019 this Court has granted ad-interim relief to the effect that, no coercive steps are to be taken against the applicants, till the next date. The learned counsel for the Applicants therefore submits that in stead of the said ad-interim relief, the Applicants are praying that the trial pending before the Trial Court may be stayed till the Central Excise Appeal No.86 of 2014 is heard and decided finally.

lgc

(10) appp-454.19.odt Admittedly, Central Excise Appeal No.86 of 2014 filed by the Central Excise Department is pending for consideration before the High Court. In view of above, the ad-interim relief granted earlier by order dated 25th March 2019 stands modified, and by way of ad-interim, further proceedings in CC No.676/CS/1988 pending before 19th Court, Metropolitan Magistrate, Mumbai shall remain stayed till disposal of the Central Excise Appeal No.86 of 2014.

In the light of above, there is a consensus between the learned counsel appearing for the parties, this Criminal Application No.454 of 2019 can be disposed of, and is accordingly disposed of. [S. S. SHINDE , J] lgc