Union Of India Through The Commissioner Of Customs (Import) v. Customs And Central Excise Settlement Commission And ORS.

LAXMIKANT GOPAL CHANDAN Date: 2022.08.11 18:30:14 +0530 LAXMIKANT GOPAL CHANDAN

(406) wp-2508.12.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2508 OF 2012 Union of India : Petitioner.

Versus

Customs & Central Excise Settlement Commission and ors.

: Respondents.

----- Mr. Pradeep S Jetly, Senior Advocate with Mr. Dhananjay B Deshmukh for Petitioner.

Mr. Jas Sanghavi i/by Mr. Sanjay Agarwal for Respondent Nos.2, 3, 5 to 7 and 9.

----- CORAM : K. R. SHRIRAM & A.S. DOCTOR, JJ.

DATED : 10th AUGUST 2022 P.C.

Respondent No.5 had filed Transfer Application (Criminal) No.3839 of 2013 before the Apex Court in which Respondent No.5 had prayed to the Apex Court to withdraw and transfer the pending Criminal Writ Petition No.1502 of 2012 and Writ Petition (Lodging) No.1523 of 2012 filed by Union of India (which is later numbered finally as Writ Petition No.2508 of 2012), which were pending in this Court. Application was made under Article 139A of the Constitution of India for comprehensive adjudication as similar question of general importance had already been considered by Apex Court in Writ Petition No.249 of 2011. On 12th June 2013 a statement was made that Transfer Application was still pending and this Petition was therefore stood lgc

(406) wp-2508.12.doc over.

Order dated 16th July 2013 passed by Apex Court in Writ Petition (Criminal) No.137 of 2011 reads as under :- "Leave granted in the Special Leave Petitions. Transfer Petition (Cri) Nos.38/39 of 2011 are allowed. The Judgment has been reported in 2013 (298) E.L.T. 3 (S.C.). Therefore application filed by Respondent No.5 to transfer this present Petition with the pending petition before Apex Court has been allowed. Therefore nothing remains in this petition before this court. Petition accordingly disposed.

[A.S. DOCTOR, J] [K. R. SHRIRAM, J] lgc