← Library
Bombay High CourtWP/2059/2022withdrawn

Dinesh Bhabootmal Salecha And 2 ORS v. Union Of India And 5 ORS

2022-06-13Hon'Ble Shri Justice K.R. Shriram,Hon'Ble Shri Justice Prithviraj K. Chavan2 pages

3-WP-2059-2022.doc Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2059 OF 2022 A/W INTERIM APPLICATION [L] NO.14087 OF 2022 IN WRIT PETITION NO.2059 OF 2022 Dinesh Bhabootmal Salecha ] and others.

] Petitioners Vs.

Union of India and others.

] Respondents .....

Mr. Prakash Shah a/w Mr. Jas Sanghavi i/b PDS Legal, for Petitioners.

Mr. J.B. Mishra, for Respondents.

.....

CORAM : K.R. SHRIRAM AND PRITHVIRAJ K. CHAVAN, J.J.

DATE : 13th JUNE, 2022.

P.C.

1.

Mr. Shah, for petitioners states that the Department has decided the application of petitioners as recorded in paragraph 5 of the order dated 4th May, 2022. Mr. Shah further states that the petitioners have filed an appeal before the Customs Excise and Service Tax Appeal Tribunal (CESTAT) challenging the order dated 23rd May, 2022. Mr. Shah, therefore, seeks leave to withdraw this petition with liberty to pursue appeal filed before CESTAT and SHAILAJA SHRIKANT HALKUDE SHRIKANT HALKUDE Date: 2022.06.14 14:13:06 +0530

3-WP-2059-2022.doc CESTAT to consider it in accordance with law and on it's own merits. Mr. Shah tenders an affidavit of one Dinesh Bhabootmal Salecha affirmed on 3rd June, 2022.

2.

Mr. Mishra states that he has no objection Court granting leave to withdraw the petition to enable the petitioners to pursue the appeal before CESTAT but since this affidavit has been served upon respondents, respondents have also prepared an affidavit in response thereof. Mr. Mishra requests that said affidavit be taken on record for completion.

3.

Registry to take on file an affidavit dated 3rd June, 2022 of Dinesh Bhabootmal Salecha and affidavit of Dr. Sandeep Gunjal affirmed on 9th June, 2022.

4.

Petition dismissed as withdrawn with liberty as prayed for. 5.

Interim Application also disposed accordingly. 6.

We further clarify that we have not expressed any opinion on merits of the matter.

7.

Status-quo to be continued upto and including 22nd June, 2022.

[PRITHVIRAJ K. CHAVAN, J.] [K.R. SHRIRAM, J.]