M/S. Malwa Cashew Industries v. The Union Of India , Through The Secretary And ORS.

suresh 903-WP-13823.2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13823 OF 2017 M/s. Malwa Cashew Industries .... Petitioner Vs.

Union of India & Others .... Respondents Mr. Ashwani Kumar Prabhakar for the Petitioner. Mr. Pradeep Jetly for Respondent No.1-UoI.

CORAM: S.C. DHARMADHIKARI & SMT. BHARATI H. DANGRE, JJ.

DATE : DECEMBER 15, 2017 P.C:

1.

The petitioner has sought the following relief:- "(a) this Hon'ble Court may be pleased to issue a Writ of Mandamus or a Writ in the nature of Mandamus or any other Writ, Order or Direction under Article 226 of the Constitution of India, directing the Respondents to grant Release/Provisional Release of the subject goods."

2.

On such a petition, which was placed on the urgent list, Mr. Jetly, after taking instructions from the concerned

suresh 903-WP-13823.2017.doc officials present in Court, makes a statement, firstly, that the authorities will complete the process of verification and scrutiny of samples and calling for a report from the Competent Authority and, secondly, would release the goods either provisionally or unconditionally and all this would be completed within two weeks from today.

3.

We accept both the statements of Mr. Jetly as undertakings to this Court. We keep open the rival contentions and dispose of the writ petition.

(SMT. BHARATI H. DANGRE, J.) (S.C. DHARMADHIKARI, J.)