Pradeep Kumar J. Jhaveri vs Union Of India And 2 Ors 2022 Latest Caselaw 2056 Bom

Bombay High Court Pradeep Kumar J. Jhaveri vs Union Of India And 2 Ors on 28 February, 2022 Bench: R.D. Dhanuka, S. M. Modak 36-40wp2254-21g.doc vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2254 OF 2021 WITH WRIT PETITION NO.2256 OF 2021 WITH WRIT PETITION NO.2409 OF 2021 WITH WRIT PETITION NO.2413 OF 2021 WITH WRIT PETITION NO.2726 OF 2021 Pradeepkumar J. Jhaveri ...Petitioner V/s. Union of India & Ors. ...Respondents Dr.Sujay Kantawala i/b M/s.India Law Alliance for the Petitioners in all the above Writ Petitions. Mr.Jitendra B. Mishra with Mr.Ashutosh Mishra for the Respondent Nos.1 and 3 in all the above Writ Petitions. Mr.Sham Walve with Ms.Sangeeta Yadav for the Respondent No.2 in all the above Writ Petitions. CORAM : R.D. DHANUKA & S.M. MODAK, JJ. DATE : 28TH FEBRUARY, 2022. P.C. :- 1. Dr.Kantawala, learned counsel for the petitioner tenders a copy of the order dated 8th February, 2022 passed by this Court in Writ Petition No.6548 of 2021 in case of M/s.Kaka Carpets & Ors. vs. Union of India and another and connected matters and submits that the issue involved in these petitions is pending before the Hon'ble 1/2 36-40wp2254-21g.doc Supreme Court in the Review Petition filed by the Union of India arising out of the judgment passed by this Court in the case of M/s.Canon India Pvt. Ltd. vs. Commissioner of Customs. We have granted interim protection in similar matters in view of the pendency of the said Review Petition till 31 st March, 2022. One of such orders is passed on 3rd January, 2022 in Writ Petition No.5533 of 2021 filed by Alphard Maitime Pvt. Ltd. vs. Union of India. In our view, similar interim protection can be granted in these petitions. We, accordingly, pass the following order. 2. The respondents are directed not to proceed with the impugned show cause notice till 31st March, 2022. 3. The respondents are at liberty to apply for vacating the order in the event of any order passed by the Hon'ble Supreme Court in the Review Petition in their favour thereby recalling the judgment in case of M/s.Canon India Pvt. Ltd. If the Review Petition is not decided on or before 31 st March, 2022, the petitioners would be at liberty to apply for continuation of the ad-interim order. 4. Place the matters for directions on 28 th March, 2022 along with Writ Petition No.5533 of 2022. (S.M. MODAK, J.) (R.D. DHANUKA, J.) Digitally signed by VASANT VASANT ANANDRAO ANANDRAO IDHOL 2/2 Date: 2022.03.02 IDHOL 10:49:47 +0530