Videojet Technologies (I) Pvt. Ltd. v. The Union Of India Through The Secretary, Ministry Of Finance, Dept. Of Revenue And ORS.

WP5751.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5751 OF 2015 Videojet Technologies (I) Pvt. Ltd.

... Petitioner Vs

1. The Union of India & Ors.

... Respondents Mr. V. Sridharan, senior counsel with Mr. Prakash Shah and Mr. Jas Sanghvi i/b PDS Legal for the Petitioner.

Mr. Advait M. Sethna I/b Parag Vyas for the Respondent No.1-UOI. Mr. Pradeep S. Jetly for the Respondent Nos.2 and 3. Mr. Shyam Mehta, senior counsel with Mr. Ketan Parekh for the Respondent No.4.

CORAM : S.C. DHARMADHIKARI & A.S. GADKARI, JJ.

TUESDAY, 14TH JULY, 2015 P.C. :

1.

When this Writ Petition was placed for admission today and specifically in the light of the directions issued in our order passed on the earlier occasion, Mr. Jetly, after taking instructions from Dr. Satish Dhavale, Additional Commissioner of Customs, Air Cargo Complex and who is present Court, states that the consignment, which is the subject matter of this Writ Petition, would be released within one week from today.

SRP 1/2

WP5751.15.doc 2.

We accept this statement of Mr. Jetly made on instructions as an undertaking given to this Court.

3.

Needless to clarify that any act on the part of the Union of India and its officers exercising powers under the relevant enactment will not preclude the contesting respondent from availing of such remedies as are permissible in law and when he avails of the same he can challenge such acts or actions and impugn the orders, if any, which are adverse to the interest of the contesting respondent. 4.

Equally, it will be open for the petitioners to contest the proceedings which may be instituted by the contesting respondent. We clarify that we have not expressed any opinion on the rival contentions. The Writ Petition is disposed of once the petitioner is satisfied with the undertaking given to this Court and does not wish to press it further.

A.S. GADKARI, J.

S.C. DHARMADHIKARI , J.

SRP 2/2