The Principal Commissioner Of Customs (Import) v. Mahanagar Telephone Nigam Ltd

nma-1370.16 in cuapp-43.16.odt pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1370 OF 2016 IN CUSTOMS APPEAL NO.43 OF 2016 The Principal Commissioner of Customs (Import) ... Applicant In the matter between The Principal Commissioner of Customs (Import) ... Appellant Vs.

Mahanagar Telephone Nigam Ltd.

... Respondent Mr. Pradeep S. Jetly for the Applicant.

Mr. Prakash Shah a/w Mr. Jas Sanghavi i/by PDS Legal for the Respondent.

CORAM : A.S. OKA & RIYAZ I. CHAGLA, JJ.

DATE :

9th AUGUST, 2017 P.C.

Heard the learned counsel appearing for the parties. Perused the order of the Apex Court by which an Appeal was admitted against the decision of the Division Bench of Delhi High Court in the case of Aman Medical Products Ltd. Vs. Commissioner of Customs, Delhi1. The Respondent is a Public Sector Undertaking and therefore, even if the Appellant succeeds in the Appeal, there can always be a restitution. Hence, no case is made out for grant of any interim relief. Notice of Motion is disposed of. (RIYAZ I. CHAGLA, J) (A.S. OKA, J) 2010(250) E.L.T. 30 (Del.)