The Principal Additional Director General Office v. Kaka Carpets
2025:BHC-AS:25088-DB Sayyed 906-IA.9157.2025.docx IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.9157 OF 2025 INTERIM APPLICATION NO.9157 OF 2025 IN IN WRIT PETITION NO.6548 OF 2021 WRIT PETITION NO.6548 OF 2021 The Principal Additional The Principal Additional Director General Office, Mumbai Director General Office, Mumbai ...
...Applicant Applicant
IN THE MATTER BETWEEN
IN THE MATTER BETWEEN:-:-
M/s. Kaka Carpets & Ors.
M/s. Kaka Carpets & Ors.
...Petitioners
...Petitioners
Versus
Versus
Union of India & Anr.
Union of India & Anr.
...
...Respondents
Respondents _____________________________________________________ Mr. Jitendra B. Mishra a/w Ms. Sangeeta Yadav for the Applicant. Mr. Jitendra B. Mishra a/w Ms. Sangeeta Yadav for the Applicant. Dr. Sujay Kantawala a/w Mr. Anupam Dighe, Ms. Chandni Tanna & Dr. Sujay Kantawala a/w Mr. Anupam Dighe, Ms. Chandni Tanna & Mr. Prathamesh Chavan i/b. India Law Alliance for the Respondents. Mr. Prathamesh Chavan i/b. India Law Alliance for the Respondents. _____________________________________________________ CORAM :
M. S. Sonak & Jitendra Jain, JJ.
DATED : 24 June 2025 PC.:- 1.
Heard learned counsel for the parties.
Heard learned counsel for the parties.
2.
On instructions, Dr. Kantawala does not oppose the grant of On instructions, Dr. Kantawala does not oppose the grant of relief in terms of prayer clause (a) of this Interim application. He points relief in terms of prayer clause (a) of this Interim application. He points out that in case the original Petitioners succeed in their challenge before out that in case the original Petitioners succeed in their challenge before the Hon'ble Allahabad High Court, then, perhaps the show cause notice the Hon'ble Allahabad High Court, then, perhaps the show cause notice dated 30 September 2016 would be rendered infructuous. dated 30 September 2016 would be rendered infructuous. 3.
Since the prayer is not opposed, we grant relief in terms of Since the prayer is not opposed, we grant relief in terms of prayer clause (a) of this interim application which reads as follows:- prayer clause (a) of this interim application which reads as follows:- "(a) this Hon'ble Court be pleased to modify the Order dated 26 "(a) this Hon'ble Court be pleased to modify the Order dated 26 th th November 2024 passed in above petition (Exhibit A hereto) to the November 2024 passed in above petition (Exhibit A hereto) to the extent directing the concerned adjudicating authority to adjudicate extent directing the concerned adjudicating authority to adjudicate the Show Cause Notice dated 30 the Show Cause Notice dated 30th th September 2016 within six (6) September 2016 within six (6) months from the date of adjudication of Show Cause Notice dated months from the date of adjudication of Show Cause Notice dated
Sayyed 906-IA.9157.2025.docx 08.01.2025 issued by Joint DGFT, Varanasi against the Petitioners 08.01.2025 issued by Joint DGFT, Varanasi against the Petitioners herein."
herein."
4.
This Interim Application is disposed of in above terms. This Interim Application is disposed of in above terms. 5.
All concerned to act on an authenticated copy of this order. All concerned to act on an authenticated copy of this order. (Jitendra Jain, J.) (M. S. Sonak, J.) Signed by: Sayyed Saeed Ali Designation: PA To Honourable Judge Date: 25/06/2025 11:18:21