Jayeshbhai Dolatbhai Jadav v. Union Of India Through The Secretary And ORS

Sayyed 13-WP.231.2025.docx IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.231 OF 2025 WRIT PETITION NO.231 OF 2025 Jayeshbhai Dolatbhai Jadav Jayeshbhai Dolatbhai Jadav ...

...Petitioner

Petitioner

Versus

Versus

Union of India & Ors.

Union of India & Ors.

...

...Respondents

Respondents _____________________________________________________ Mr. Brijesh Pathak for the Petitioner.

Mr. Brijesh Pathak for the Petitioner.

Mr. Satyaprakash Sharma a/w Ms. Niyati Mankad (through VC) & Mr. Satyaprakash Sharma a/w Ms. Niyati Mankad (through VC) & Ms. Harpreet Kaur Sethi for Respondent Nos.1 & 2. Ms. Harpreet Kaur Sethi for Respondent Nos.1 & 2. _____________________________________________________ CORAM :

M. S. Sonak & Jitendra Jain, JJ.

DATED : 8 July 2025 PC.:- 1.

Heard learned counsel for the parties.

Heard learned counsel for the parties.

2.

Mr. Pathak states that the Petitioner had furnished a bank Mr. Pathak states that the Petitioner had furnished a bank guarantee to secure provisional release of goods. guarantee to secure provisional release of goods. 3.

The adjudication proceedings which followed were dropped The adjudication proceedings which followed were dropped and there was a direction for return of the bank guarantee. He states and there was a direction for return of the bank guarantee. He states that even appeal by the department is dismissed. Still, he complains that even appeal by the department is dismissed. Still, he complains that the bank guarantee is not being returned as a result of which the that the bank guarantee is not being returned as a result of which the Petitioner has to bear unnecessary expenditure. Petitioner has to bear unnecessary expenditure. 4.

Mr. Sharma seeks time upto tomorrow to obtain instructions. Mr. Sharma seeks time upto tomorrow to obtain instructions. 5.

We post the matter on 9 July 2025 as requested. However, if We post the matter on 9 July 2025 as requested. However, if what Mr. Pathak says is correct, then, we expect that the bank guarantee what Mr. Pathak says is correct, then, we expect that the bank guarantee is returned at the earliest because at least is returned at the earliest because at least prima facie, prima facie, it is not fair that it is not fair that the Petitioner is made to bear the bank guarantee charges only on the Petitioner is made to bear the bank guarantee charges only on account of some bureaucratic delay in actually returning the bank account of some bureaucratic delay in actually returning the bank guarantee.

guarantee.

Sayyed 13-WP.231.2025.docx 6.

List the matter on 9 July 2025 for final disposal at the List the matter on 9 July 2025 for final disposal at the admission stage.

admission stage.

(Jitendra Jain, J.) (M. S. Sonak, J.) Signed by: Sayyed Saeed Ali Designation: PA To Honourable Judge Date: 10/07/2025 16:09:44