Commissioner Of Customs (Ap) v. Jayanti S. Jain

34-NMA1823-15.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1823 OF 2015 IN CUSTOMS APPEAL NO. 51 OF 2009 Commissioner of Customs (AP) ...Appellant

Versus

Jayanti S. Jain

...Respondent

Mr. A.S. Rao, for the Appellant/Applicant.

None for the Respondent.

CORAM: S.C. DHARMADHIKARI & G.S. PATEL, JJ.

DATED:

11th January 2016 PC:- 1.

After the Respondent's Advocate informed the Revenue official/its Advocate that the sole Respondent expired, that this application is moved.

2.

The sole Respondent having expired, the Appeal abates. But now it is stated that the particulars of the heirs and legal representatives of the deceased have been obtained. There is a delay in presenting this application because the details were being obtained from the sources indicated in the Affidavit in Support. The vakalatnama of the deceased sole Respondent continues in law

34-NMA1823-15.DOC till such time as the details are forwarded. We take a liberal view of the matter.

3.

Now that all the details have been obtained and promptly this application is made thereafter, we allow it in terms of prayer clauses (b), (c) and (d). Four weeks time is granted to amend the memo of the Appeal and related papers.

(G. S. PATEL, J.) (S. C. DHARMADHIKARI, J.)