M/S. Opal Exports v. The Union Of India And ORS.

suresh 16-WP-14001.2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.14001 OF 2017 M/s. Opel Exports .... Petitioner Vs.

Union of India & Others .... Respondents Mr. Jitendra Motwani i/by Economic Laws Practice for the Petitioner.

Mr. Pradeep S. Jetly for the Respondents.

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

DATE : JANUARY 15, 2018 P.C:

1.

After having heard both sides, we find that the controversy and issue in this petition is identical to the one decided in Civil Writ Petition No.11747 of 2017 {M/s. Unik Traders Vs. Union of India and others}. There we had dealt with the import of Areca nuts from Sri Lanka. 2.

We had balanced the rights and equities in the case of Unik Traders (supra). In this case as well, we propose to grant a conditional relief and dispose of the writ petition by

suresh 16-WP-14001.2017.doc passing the following order:- (a) On the petitioner executing a Bond equal to 150% of the value of the goods and furnishing a Bank Guarantee in the sum equivalent to 30% of the Duty, both within a period of two weeks, the Competent Authority shall pass an order on the pending application seeking a detention certificate and release the goods in favour of the petitioner. The Bank Guarantee shall be kept alive till final orders of the Competent Authority;

(b) Needless to clarify that this would be without prejudice to the rights and contentions of both sides, particularly on the merits of the controversy;

(c) While disposing this petition with these directions, we clarify that we have not expressed any opinion on the rival contentions on the issues and they are kept open. 3.

The petition is disposed of accordingly.

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