Exim Incorporation v. The Union Of India And ORS

Osk 18-Wp-513-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 513 OF 2022 Exim Incorporation ... Petitioner

Versus

The Union Of India & Ors.

... Respondents ****** Ms.Anjali Jha Manish a/w. Priyadarshi Manish i/b. Ms.Deepa Premachandran for Petitioner.

Mr.P.S. Jetly, Senior Advocate a/w. Mr.J.B. Mishra and Mr.S.Y. Sharma for Respondents.

****** CORAM : R. D. DHANUKA & S. M. MODAK, JJ.

DATE : 22nd FEBRUARY 2022.

P.C. :- 1.

Ms.Anjali Jha Manish, learned counsel for Petitioner invited our attention to the paragraph 19 of the Affidavit-in-Reply dated 7th February 2022 filed by the Respondent No.3 stating that the alert issued against the Petitioner is withdrawn. Mr.Jetly, learned Senior Counsel for Respondents confirms the statement. Statements made in the reply and across the bar are accepted.

2.

In view of the statement made in the Affidavit-in-Reply and confirmed by the learned Senior Counsel for the Revenue, learned counsel for the Petitioner seeks liberty to withdraw the present Writ Petition. 1/2

Osk 18-Wp-513-2022.odt 3.

Writ Petition is dismissed as withdrawn in view of the statement made by the Respondents in Affidavit-in-Reply and across the bar. 4.

In so far as request for issuance of detention certificate is concerned, the Petitioner is at liberty to make a representation to the Respondents within one week from today. If such representation is made by the Petitioner, the Respondents to consider the said representation within eight weeks from the date of receipt of the said representation on its own merits. The Order that would be passed shall be communicated to the Petitioner within one week from the date of passing of the said Order. If the Order is in favour of the Petitioner, the consequential benefits shall be granted to the Petitioner and if adverse against the Petitioner, the Petitioner would be at liberty to file appropriate proceedings.

[S. M. MODAK, J.] [R. D. DHANUKA, J.] by OMKAR SHIVAHAR KUMBHAKARN Date:

2022.02.23 17:27:19 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2