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Bombay High CourtWP/596/2023allowed to be withdrawn at admission stage

Farmico Commodities Pvt. Ltd. (Formerly Known As Wadhwani Commodities Trading Pvt. Ltd. ) v. The Union Of India And ORS

2023-08-22Hon'Ble Shri Justice G. S. Kulkarni,Hon'Ble Shri Justice Jitendra Shantilal Jain2 pages

905.WP596_2023.DOC Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 596 OF 2023 Farmico Commodities Pvt. Ltd. (Formerly known as Wadhwani Commodities Trading Pvt. Ltd.) ... Petitioner

Versus

The Union of India & Ors.

...Respondents

Mr. Prakash Shah a/w. Mr. Jas Sanghavi, Mr. Yash Prakash i/b. PDS Legal for the petitioner.

Mr. Rahul Sarda a/w. Mr. M.P. Sharma for respondent no. 2. _______________________

CORAM:

G. S. KULKARNI & JITENDRA JAIN, JJ.

DATED:

22 August, 2023 _______________________ P.C.

1.

After this petition was heard for sometime, Mr. Shah, learned counsel for the petitioner fairly seeks leave to withdraw this petition with liberty to raise all these contentions in appropriate proceedings as also in the adjudication of show cause notice.

2.

Allowed to be withdrawn with liberty as prayed for. 3.

All contentions of the parties are expressly kept open including the contention of the petitioner that the proceedings of the impugned show cause notice would stand covered by the decision of the Supreme Court in Canon 22 August, 2023

905.WP596_2023.DOC India Pvt. Ltd. vs. Commissioner of Customs1 which the petitioner intends to agitate in a fresh petition.

4.

In the peculiar facts of the case, for a period of two weeks, the Designated Officer not to proceed with the hearing of the show cause notice. (JITENDRA JAIN, J.) (G. S. KULKARNI , J.) 1 AIR 2021 SC 1699 22 August, 2023