Bombay High CourtCAW/1329/2019ca disposed off

Shah Nanji Nagsi Exports Pvt. Ltd. Nagpur Through Director Shri Ashwin Shah v. Union Of India And Others

2019-05-09Hon'Ble Shri Justice Z.A. Haq2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAW) NO. 1329 OF 2019 IN WRIT PETITION NO.3412 OF 2019 (SHAH NANJI NAGSI EXPORTS PVT. LTD...VS.. UNION OF INDIA, MINISTRY OF COMMERCE & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Shyam Dewani, Advocate for Petitioner.

Ms Mugdha Chandurkar, Adv. h/f. Shri U.M.Aurangabadkar, ASGI for Respondent Nos. 1 to 3.

Shri S.N.Bhattad, Advocate for Respondent Nos.4 and 5. CORAM : Z.A.HAQ, J.

DATED : MAY 09, 2019.

Yesterday submissions were made on the civil application by the learned Advocate for the petitioner and the respondent Nos. 4 and 5. After hearing the learned Advocates for sometime, I expressed that the action of the respondent Nos. 4 and 5 in not releasing the goods of the petitioner though the petitioner had shown willingness to furnish bank guarantee as required, amounted red-tapism and obstruction in business which attitude is completely unacceptable looking to the policy of the Government that there should be maximum ease for conducting the business.

The learned Advocate for the respondent Nos. 4 and 5 had sought time to take instructions in the matter and today a communication dated 8th May 2019 from Shri B.C. Agrawal, respondent No.5 addressed to the Advocate representing him is placed on record. In the communication it is stated that the considerations which weighed with the respondent Nos. 4 and 5 in not releasing the goods even on furnishing of bank guarantee by the petitioners, were unfounded.

2 wp3412.19 The assurance given by the respondent Nos. 4 and 5 as incorporated in the above referred communication dated 8th May 2019 is accepted.

In view of the above, the learned advocate for the petitioner, on instructions, states that the civil application is not pressed. It is disposed accordingly.

JUDGE RRaut..