M/S Moulin Export Pvt Ltd v. Union Of India And ORS

Pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISIDICTION WRIT PETITION NO. 5012 OF 2021 M/s. Moulin Export Pvt. Ltd.

.. Petitioner Vs.

Union of India & Ors.

.. Respondents Mr. Anupam Dighe a/w Ms. Chandni Tanna i/by Indian Law Alliance for petitioner.

Mr. Jitendra Mishra a/w Mr. Dhananjay B. Deshmukh and Ms. Maya Mujumdar for respondents.

Mr. Deepan Dixit for M. M. Pabale (Noticee of show cause dated 20.10.2021).

C0RAM: DIPANKAR DATTA, CJ & M. S. KARNIK, J.

DATE: OCTOBER 26, 2021 PC:

1.

It is submitted by Mr. Dighe, learned advocate for the petitioner, that during the pendency of this writ petition an order of provisional release under section 110A of the Customs Act, 1962 has been passed and in that view of the matter, the petitioner does not wish to proceed with this writ petition any further.

2.

Having regard to such submission, this writ petition stands dismissed as withdrawn. There shall be no order as to costs. All contentions are left open.

3.

This order of dismissal of the writ petition shall not preclude the petitioner to pursue its remedies in accordance with law.

4.

At this stage, our attention has been drawn to the order dated 20th October 2021 passed by a coordinate Bench of this Court whereby show-cause notice was issued to the notary, Mr. Manish Maruti Pabale, before whom the writ petition was verified. The Bench had noticed that there were certain blank portions in the writ petition including the verification clause. The Bench was of the view that Mr. Pabale ought to show-cause as to why action should not be taken against him for signing the petition when portions thereof as well as the verification clause had been left blank.

5.

Mr. Pabale is personally present in Court. He has tendered an affidavit dated 26th October 2021. He has sought to explain therein the reasons why portions of the writ petition including the verification clause were left blank; however, before us, he has tendered unconditional apology and has prayed that the show-cause notice dated 20th October 2021 may be discharged. 6.

Mr. Pabale has also assured the Court that he would remain careful in future and ensure that there is no recurrence of any omission/lapse as noticed by the Bench.

7.

We accept the apology tendered by Mr. Pabale and discharge the show-cause notice, with an advice that he must be careful in future while discharging his duty as a notary. (M. S. KARNIK, J.) (CHIEF JUSTICE) PRAVIN DASHARATH PANDIT PRAVIN DASHARATH PANDIT Date: 2021.10.28 19:14:52 +0530