S. Kushalchand And Company v. Union Of India
Sayyed 1-3-WP.74.2024.docx IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.74 OF 20 WRIT PETITION NO.74 OF 2024 S. Kushalchand & Company S. Kushalchand & Company ...
...Petitioner
Petitioner
Versus
Versus
The Union of India & Ors.
The Union of India & Ors.
...
...Respondents
Respondents WITH WRIT PETITION NO.3457 OF 2023 WRIT PETITION NO.3457 OF 2023 Global Exim Global Exim
...Petitioner
...Petitioner
Versus
Versus
The Union of India & Ors.
The Union of India & Ors.
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...Respondents
Respondents _____________________________________________________ Mr. Prakash Shah a/w Mr. Jas Sanghavi i/b. PDS Legal for Petitioner in Mr. Prakash Shah a/w Mr. Jas Sanghavi i/b. PDS Legal for Petitioner in both the petitions.
both the petitions.
Mr. M. P. Sharma a/w Mr. Karan Adik and Ms. Mamta Omle for Mr. M. P. Sharma a/w Mr. Karan Adik and Ms. Mamta Omle for Respondent No.2 in both the petitions.
Respondent No.2 in both the petitions.
_____________________________________________________ CORAM :
M. S. Sonak & Jitendra Jain, JJ.
DATED : 26 November 2024 PC.:- 1.
Heard learned counsel for the parties.
Heard learned counsel for the parties.
2.
This petition could have been disposed of based on the This petition could have been disposed of based on the Hon'ble Supreme Court's decision dated 7 November 2024 in Review Hon'ble Supreme Court's decision dated 7 November 2024 in Review Petition No.400 of 2021 in the case of Petition No.400 of 2021 in the case of Commissioner of Customs Canon Commissioner of Customs Canon Vs. India Private Limited Vs. India Private Limited. However, the Petitioner has questioned the . However, the Petitioner has questioned the adjudication proceedings on the ground of inordinate delay of adjudication proceedings on the ground of inordinate delay of approximately 9 years.
approximately 9 years.
3.
Accordingly, we direct the concerned Respondent to file reply Accordingly, we direct the concerned Respondent to file reply within two weeks explaining this delay. The reply must be filed and within two weeks explaining this delay. The reply must be filed and served on or before 10 December 2024.
served on or before 10 December 2024.
Sayyed 1-3-WP.74.2024.docx 4.
List this matter on 17 December 2024.
List this matter on 17 December 2024.
5.
Subject to the constraints of time, an endeavour would be Subject to the constraints of time, an endeavour would be made to dispose of this petition finally at the admission stage. made to dispose of this petition finally at the admission stage. (Jitendra S. Jain, J.) (M. S. Sonak, J.) Signed by: Sayyed Saeed Ali Designation: PA To Honourable Judge Date: 28/11/2024 18:09:30