Kss Ltd. v. Union Of India Through Secretary And ANR

4-WP-6187-13859-12034-2017.DOC jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6187 OF 2017 Satish Panchariya ... Petitioner V/S.

Union of India & Anr.

...Respondents

WRIT PETITION NO. 12034 OF 2017 Hussain Shattaf ... Petitioner V/S.

Union of India & Anr.

...Respondents

WRIT PETITION (St.) NO. 13859 OF 2016 KSS Ltd.

... Petitioner V/S.

Union of India & Anr.

...Respondents

Mr. Prakash Shah, with Mr. Jas Sanghavi i/b. V.B. Singh for the Petitioner.

Mr. Pradeep S. Jetly, for Respondents in WP No. 12034 of 2017. Mr. Dwivedi, Mr. Sham Walve and Mr. Mishra for the Respondent in WP No.6187 of 2017 and WPL No. 13859 of 2016.

CORAM:

M.S.SANKLECHA & RIYAZ I. CHAGLA, JJ.

DATED:

24TH SEPTEMBER, 2018.

PC:- 1.

Office objections in Writ Petition (St.) No. 13859 of 2016 dispensed with.

2.

In these three Petitions the challenge is restricted to Jitendra Shankar Nijasure Jitendra Shankar Nijasure Date: 2018.09.26 11:09:25 +0530 constitutional validity of Section 129 E of the Customs Act, 1962 as amended by Finance Act (No.2) of 2014 of 2014. The above amendment was brought into effect from 6th August, 2014 1/2

4-WP-6187-13859-12034-2017.DOC prescribing the mandatory pre-deposit for filing Appeals before the Commissioner (Appeal) and the Tribunal.

3.

This issue is no longer res integra as our Court in Haresh Nagindas Vora Vs. Union of India1 has negatived a challenge to the constitutional validity of the amended Section 129 E of the Act. 4.

In the above view all the three Petitions are dismissed. ( RIYAZ I. CHAGLA J. ) (M.S.SANKLECHA, J.) 2017 (353) E.L.

T. 154 (Bom.) 2/2