The Commissioner Of Customs C.S.I. Airport Mumbai v. Vihari Rajeh Sheth @ Vihari Poddar And 2 ORS

p501-nmw-484-2017 rrpillai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 484 OF 2017 IN WRIT PETITION (L) NO. 2498 OF 2016 The Commissioner of Customs ... Applicant CSI Airport, Mumbai vs.

Vihari Rajesh Sheth @ ... Respondents Vihari Poddar and 2 Ors.

..........

Mr. Prakash S. Jetly i/b. Mr. Sham V. Walve for the Applicant. Mr. Jas Sanghvi i/b. PDS Legal for the Respondent. ..........

CORAM : A.S. OKA & A.K. MENON, JJ.

DATE : 10th OCTOBER, 2017 P.C.

1.

Not on board. Taken on board.

2.

Heard learned counsel appearing for the applicant and the learned counsel appearing for the respondent. The Writ Petition filed by the applicant has been dismissed by the Prothonotary and Senior Master in exercise of powers under Rule 986 of the Original side Rules by order dated 22nd November, 2016. In fact by order dated 6th March, 2017 the Writ Petition was admitted for final hearing.

3.

In view of the averment made in the affidavit in a support, a case for restoration is made out. Accordingly, notice of motion is made absolute in

p501-nmw-484-2017 terms of prayer clause (a) and (b) subject to condition of the applicant removing all office objections in the Writ Petition within a period of four weeks from today. In case of failure to remove office objections within time, the impugned order under Rule 986 will stand. 4.

Notice of motion is disposed of in the above terms. (A.K. MENON, J) (A.S. OKA, J)