M/S. Power Tech Cranes And Equipments, Through Poa, Shri. Ajmal Tajuddin Ladhaj v. Union Of India, Through Central Govt. Advocates, Dedicated Legal Cell (Customs) And ORS

PNP 1/1 WP6480-23.3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6480 OF 2014 M/s. Power Tech Cranes and Equipments ..Petitioner.

versus Union of India and others ..Respondents.

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Mr. Prakash Shah i/b Mr. Yogesh Rohira for the Petitioner. Mr. Pradeep S. Jetly for the Respondents.

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CORAM : B.R. GAVAI & A.S. GADKARI, JJ.

23rd March, 2015.

P.C. :

The learned counsel appearing for the Petitioner does not press the Petition on merits and submits that the Petitioner desires to approach the Settlement Commissioner. However, in view of the impugned order, the Petitioner would not be in a position to approach the Settlement Commissioner. In that view of the matter, the Petition is partly allowed. The impugned order is quashed and set aside for the limited purpose of the Petitioner approaching the learned Settlement Commissioner.

2.

The learned Settlement Commissioner is directed to decide the matter on merits after giving an opportunity of hearing to both the parties. It is further clarified that we have not adverted to the merits of the matter and all the contentions of both the parties are kept open. (A.S. Gadkari, J.) (B.R. Gavai, J.)