M/S. Swan Infotech Pvt. Ltd. v. Union Of India Through The Secretary And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 10960 OF 2018 Mr. Swan Infotech Pvt. Ltd., ..

Petitioner v/s.

Union of India & Others ..

Respondents.

WITH WRIT PETITION NO.11161 OF 2018 M/s. Link World Inc.

..

Petitioner v/s.

Union of India & Others ..

Respondents.

WITH WRIT PETITION NO.11163 OF 2018 M/s. DKS Digital India Pvt. Ltd., ..

Petitioner v/s.

Union of India & Others ..

Respondents.

WITH WRIT PETITION NO.11164 OF 2018 PYN Systems ..

Petitioner v/s.

Union of India & Others ..

Respondents.

WITH WRIT PETITION NO.11165 OF 2018 Matrix Info Systems Pvt. Ltd., ..

Petitioner v/s.

Union of India & Others ..

Respondents.

WITH WRIT PETITION NO.11166 OF 2018 M/s. Anubhav Enterprises ..

Petitioner v/s.

Union of India & Others ..

Respondents.

WITH WRIT PETITION NO.11167 OF 2018 M/s. Vardhaman Jute Agencies ..

Petitioner v/s.

Union of India ..

Respondent.

WITH WRIT PETITION NO.11292 OF 2018 M/s. Vansh Enterprises ..

Petitioner v/s.

Union of India ..

Respondent.

Dr. Sujay Kantawala with Mr. Kartik Vig and Ms. Poorva Patil i/b. Ashwini Kumar Prabhkar, for the Petitioner in all the Petitions. Mr. Pradeep S. Jetly, for the Respondent in all the Petitions. CORAM: M.S.SANKLECHA & RIYAZ I. CHAGLA, JJ.

DATE : 31st OCTOBER, 2018.

P.C:- At the request of the parties, all these Petitions are being disposed of finally, at the stage of admission.

All these Petitions under Article 226 of the Constitution of India, seek release of the computer cabinet for PC powers, supply and PCB along with accessories (the said goods) in respect of which, Bills of Entries have already been filed as far back as in May and June, 2018. Mr. Jetly, learned Counsel for the Respondents state that, as per investigation done by the Respondents, the said goods, prima facie, appears to be not importable. Thus, the said goods have been seized on 14th September, 2018. In the aforesaid circumstances, Mr. Jetly, learned Counsel for the Respondents state that, show cause notice would be issued in due course, after investigations are completed in respect of the bills of entry filed.

However, on Section 110-A of the Customs Act, 1962 being pointed out, Mr. Jetly, on instructions, states that, if a representation is made by the Petitioner, seeking provisional release of the goods under Section 110-A of the Act, then the same would be disposed of after granting personal hearing to the Petitioner within a period of four weeks from the date of applications are filed, by a speaking order. In view of the statement made on behalf of the Respondent, Mr. Kantawala, learned Counsel in support of these Petitions, on instructions, seek to withdraw all these Petitions. All these Petitions are disposed of as withdrawn. (RIYAZ I. CHAGLA,J.) (M.S.SANKLECHA,J.)