Mrs. Parindaben Sureshbhai Kakadiya And ORS v. Union Of India Through Secretary Ministry Of Law And Justice Dept.Lflegal Affairs And ANR

1 179 WP 10055-2019.doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10055 OF 2019 Ms.Parindaben Sureshbhai Kakadiya and others .. Petitioners Vs Union of India and another .. Respondents Dr.Sujay Kantawala a/w Mr.Mahadev Londhe, for Petitioners. Mr.Pradeep S.Jetly a/w Mr.Jitendra B.Mishra, for Respondents. CORAM : M.S.SANKLECHA & NITIN JAMDAR, JJ.

Date : 13 November 2019.

P.C. :

Dr.Kantawala, learned Counsel appearing in support of the Petition on instructions seeks to withdraw the Petition as the grievance in this Petition has been worked out. This as the Assistant Commissioner of Custom Group-V, on passing two orders dated 17 September 2019 allowing provisional release of goods seized under Bills of Entry dated 23 July 2019 and 8 August 2019 respectively. This with the liberty to file an appeal from the order dated 17 September 2019 with the appellate Authority under the Customs Act, 1962 ('Act').

2.

Liberty as sought for granted.

2 179 WP 10055-2019.doc 3.

In case the Petitioners do file an appeal, within a period of three weeks from today, then the appellate Authority under the Act will entertain the Petitioners appeal from the two orders dated 17 September 2019, on merits. This for the reason that we are condoning the delay in filing the appeal before the appellate Authority as these orders were passed during the pendency of the present Petition seeking release of the imported goods. 4.

All contentions kept open. Petition disposed of in above terms.

(NITIN JAMDAR, J.) (M.S.SANKLECHA, J.)