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Bombay High CourtWP/5776/2025disposed off

Jayantilal Ambalal Chokshi Alis Angadia Thor. Its Partner P. Shankarlalpatel v. The Union Of India Thor. Joint Director Of Enforcement

2026-04-15Hon'Ble Shri Justice G. S. Kulkarni , Hon'Ble Ms Justice Aarti A. Sathe2 pages

4-WP 5776-25.DOC Digitally signed by PRAJAKTA SAGAR VARTAK Date:

2026.04.16 10:32:16 +0530 PRAJAKTA SAGAR VARTAK Prajakta Vartak

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5776 OF 2025 M/s. Jayantilal Ambalal Chokshi @ Angadia

...Petitioner

Vs.

The Union of India

...Respondent

_________ Mr. Sanjay Dubey with Mr. Aman Kothari and Mr. Hemant Kothari for the Petitioner.

Mr Anil Yadav for the Respondent.

__________

CORAM:

G. S. KULKARNI & AARTI SATHE, JJ.

DATE:

15 APRIL 2026.

P.C.

1.

We have heard learned counsel for the parties. 2.

This petition under Article 226 of the Constitution of India is filed praying for the following substantive reliefs:- "a) To issue Rule and admit the present Writ Petition; b) To issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, direction for the purpose of refund the amount 57,39,900/- (Rupees fifty-seven lakhs and thirty-nine thousand and nine hundred) which was seized from Petitioners along with the interest of 12% p.a till passing of the orders in the present writ." 3.

Learned counsel for the Revenue, on instructions, submits that the petitioner has already been informed that, by submitting proof of identity, the petitioner can collect the seized amount from the concerned officer of the Department. The grievance of the petitioner is in regard to the interest which would be due and payable to the petitioner from the date of seizure till the date of 15 April 2026

4-WP 5776-25.DOC return of the money.

4.

In this view of the matter, we are of the opinion that since the Department is now ready and willing to return the seized amount in question, the petitioner needs to approach the concerned official on 22 April 2026 at 11.00 a.m. to receive the amount.

5.

As regards the claim for interest, as asserted by the petitioner, is concerned, in our opinion, so far no application has been made to that effect. Let such application be made to the designated officer, praying for the interest amounts. If such application is filed within a period of two weeks from today, the same be decided in accordance with law as expeditiously as possible, and in any event within a period of six weeks from the date of its filing. All contentions of the parties in that regard are expressly kept open. 6.

The petition stands disposed of in the aforesaid terms. No costs. (AARTI SATHE, J.) (G. S. KULKARNI, J.) 15 April 2026