Mustafa Yusufbhai Kalva v. Union Of India

by LAXMIKANT GOPAL CHANDAN Date: 2024.12.18 10:51:42 +0530 LAXMIKANT GOPAL CHANDAN

(903) WP-2237.24.DOCX lgc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2237 OF 2024 Mustafa Yusufbhai Kalva : Petitioner

Versus

Union of India and ors.

: Respondents ______________________________________________________ Mr Prathamesh Chavan, a/w Mr. Bhavik Chheda i/by India Law Alliance for Petitioner.

Mr Karan Adik, a/w Mr. Satyaprakash Sharma for Respondent No.2.

Ms Ruju Thakker, for Respondent No.3.

______________________________________________________

CORAM

M.S. Sonak & Jitendra Jain, JJ.

DATED:

17 December 2024 PC:- (Per M S Sonak, J.) 1.

Heard learned counsel for the parties.

2.

We are not inclined to interfere with the impugned show cause notice dated 07 December 2017 or the Order-In-Original dated 17 January 2024, given the decision of the Hon'ble Supreme Court's order dated 07 November 2024 in Review Petition No.400

(903) WP-2237.24.DOCX of 2021 in the case of 'Commissioner of Customs Vs. Canon India Private Limited' (Civil Appeal No.1827 of 2018). 3.

However, consistent with the Hon'ble Supreme Court's order, we grant the Petitioner 8 weeks from the date of uploading of this order to appeal the Order-In-Original dated 17 January 2024. If such an appeal is indeed filed within 8 weeks, the Appellate Authority must dispose of the appeal on its own merit without adverting to the limitation issue.

4.

All parties' contentions, except those concluded by the Hon'ble Supreme Court in its order dated 07 November 2024, are kept open.

5.

This Petition is disposed of in the above terms without any order for costs. Interim order, if any, stands vacated. Interim applications, if any, do not survive and are disposed of. 6.

All concerned to act upon the authenticated copy of this order.

(Jitendra Jain, J) (M.S. Sonak, J)