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Bombay High CourtWP/8300/2022disposed off

Rajat Agro Commodities Private Limited Thr. Director v. Union Of India Thr. The Joint Secretary Dept. Of Revenue Ministry Of Finance And ORS

2022-07-18Hon'Ble Shri Justice K.R. Shriram,Hon'Ble Shri Justice Milind N. Jadhav2 pages

5&7. civil wp 8295 & 8300-22.doc R.M. AMBERKAR (Private Secretary) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL CIVIL APPELLATE APPELLATE JURISDICTION JURISDICTION WRIT PETITION NO. 8295 OF 2022 Sagar Overseas .. Petitioner

Versus

Union of India & Ors.

.. Respondents WITH WRIT PETITION NO. 8300 OF 2022 Rajat Agro Commodities Pvt Ltd .. Petitioner

Versus

Union of India & Ors.

.. Respondents ....................

 Mr. Manoj Harit a/w Mr. Shravanth Arya Tandra i/by Manoj Harit & Co for Petitioners  Mr. J.B. Mishra a/w Ms. Sangeeta Yadav for Respondents ...................

CORAM

: K. R. SHRIRAM & MILIND N. JADHAV, JJ.

DATE : JULY 18, 2022 P.C.

:

1. One of the prayers in the petitions i.e. prayer clause (b) reads as under:- "(b) This Hon'ble Court be pleased to issue a writ of prohibition or a writ in the nature of prohibition or any other appropriate writ or order or direction under Article 226 of the Constitution of India restraining the Respondents themselves, their officers, subordinates, servants and agents from proceeding with the investigation in connection with import and export of chick-peas by the Petitioner against Advance Authorisation and / or forcing the Petitioner to pay amounts towards customs duty without following the due process of law."

2.

Mr. Mishra states that respondents, in every case follow the due

5&7. civil wp 8295 & 8300-22.doc process of law.

3.

We are not inclined to consider any of the reliefs otherwise sought because it is too premature for the court to consider the same. 4.

Mr. Harit states that even the show-cause-notice has not been issued for a long time despite the first summons having been issued on 31.01.2020.

5.

Both petitions are hereby disposed with direction to respondents that the concerned officer / authority shall issue a show-cause-notice to petitioners within four weeks from today. Respondents are also cautioned that no further extension shall be granted for issuance of the show-cause-notice.

6.

We make it clear that we have not made any observations on the merits of the matter.

[ MILIND N. JADHAV, J. ] [ K. R. SHRIRAM, J.] by RAVINDRA MOHAN AMBERKAR Date:

2022.07.19 11:48:52 +0530 RAVINDRA MOHAN AMBERKAR