Principal Commissioner Oc Customs v. Johar Ali Ismail Harnekar

(8) NMW 275-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION Amk NOTICE OF MOTION NO. 275 OF 2016 IN NOTICE OF MOTION NO. 414 OF 2015 IN WRIT PETITION NO. 1725 OF 2015 Johar Ali Ismail Harnekar & Ors.

...Applicant In the matter of The Principal Commissioner of Customs, CIS Airport, Mumbai

...Petitioner

Versus

Johar Ali Ismail Harnekar & Ors.

...Respondents

.....

Mr. Balmiki Ram Tripathi for the Applicant/Respondent Nos.1 to 3. Mr. Pradeep S. Jetly for the Petitioner.

CORAM : S.C. DHARMADHIKARI & DR. SHALINI PHANSALKAR-JOSHI, J.J.

DATE : 27th JUNE, 2016.

P. C. :

1.

Heard both sides. We do not think that in a Motion of the applicant respondents seeking substantive relief in an petition by the original petitioner revenue, that we can pass such directions as are prayed. If the applicant desires release of gold, then it is open to him to file independent proceedings, substantive in nature in which he 1/2

(8) NMW 275-16 can claim that relief. We do not think in a Notice of Motion and that too in somebody else's petition, we can grant any relief. 2.

The Notice of Motion is devoid of merits and disposed of. [DR. SHALINI PHANSALKAR-JOSHI, J.] [S.C. DHARMADHIKARI, J.] 2/2