This judgment is a short order by the Bombay High Court disposing of multiple review petitions concerning customs appeals, primarily involving conduction of delay and making notices of motion absolute.
Delay condoned; notices of motion made absolute in terms of prayer clause (a).
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
901to912-NMA.835.2017+11.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 835 OF 2017 IN REVIEW PETITION (L) NO. 14 OF 2017 IN
CUSTOMS APPEAL NO. 13 OF 2015
Mehul Jayant Parekh } Applicant versus The Commissioner of Customs } (Export Promotion) and Ors. } Respondents
WITH NOTICE OF MOTION NO. 836 OF 2017 IN REVIEW PETITION (L) NO. 13 OF 2017 IN CUSTOMS APPEAL NO. 53 OF 2015
Anwer A. Husain Patel } Applicant versus The Commissioner of Customs } (Export Promotion) and Ors. } Respondents
WITH NOTICE OF MOTION NO. 837 OF 2017 IN REVIEW PETITION (L) NO. 11 OF 2017 IN
CUSTOMS APPEAL NO. 55 OF 2015
Mehul Jayant Parekh } Applicant versus The Commissioner of Customs } (Export Promotion) and Ors. } Respondents
WITH NOTICE OF MOTION NO. 838 OF 2017 IN REVIEW PETITION (L) NO. 15 OF 2017 IN CUSTOMS APPEAL NO. 56 OF 2015
Page 1 of 4
J.V.Salunke,PA
901to912-NMA.835.2017+11.doc
Suresh Mandhana } Applicant versus The Commissioner of Customs } (Export Promotion) and Ors. } Respondents
WITH NOTICE OF MOTION NO. 839 OF 2017 IN REVIEW PETITION (L) NO. 9 OF 2017 IN
CUSTOMS APPEAL NO. 18 OF 2015
Rakesh Naval } Applicant versus The Commissioner of Customs } (Export Promotion) and Ors. } Respondents
WITH NOTICE OF MOTION NO. 840 OF 2017 IN REVIEW PETITION (L) NO. 12 OF 2017 IN CUSTOMS APPEAL NO. 4 OF 2015
Anwar A. Husain Patel } Applicant versus The Commissioner of Customs } (Export Promotion) and Ors. } Respondents
WITH NOTICE OF MOTION NO. 841 OF 2017 IN REVIEW PETITION (L) NO. 6 OF 2017 IN CUSTOMS APPEAL NO. 52 OF 2015
Reema Shivdasani } Applicant versus The Commissioner of Customs } (Export Promotion) and Ors. } Respondents
Page 2 of 4
J.V.Salunke,PA
901to912-NMA.835.2017+11.doc
WITH
NOTICE OF MOTION NO. 842 OF 2017
IN
REVIEW PETITION (L) NO. 16 OF 2017 IN
CUSTOMS APPEAL NO. 54 OF 2015
Sapan Chakravorty } Applicant versus The Commissioner of Customs } (Export Promotion) and Ors. } Respondents
WITH
NOTICE OF MOTION NO. 843 OF 2017 IN REVIEW PETITION (L) NO. 5 OF 2017 IN
CUSTOMS APPEAL NO. 7 OF 2015
Ajay Jain } Applicant versus The Commissioner of Customs } (Export Promotion) and Ors. } Respondents
WITH NOTICE OF MOTION NO. 844 OF 2017
IN REVIEW PETITION (L) NO. 8 OF 2017 IN CUSTOMS APPEAL NO. 6 OF 2015
Yogesh Navnitlal Parikh } Applicant versus The Commissioner of Customs } (Export Promotion) and Ors. } Respondents
WITH NOTICE OF MOTION NO. 845 OF 2017 IN REVIEW PETITION (L) NO. 7 OF 2017 IN
CUSTOMS APPEAL NO. 12 OF 2015
Page 3 of 4
J.V.Salunke,PA
901to912-NMA.835.2017+11.doc
Yogesh Navnitlal Parikh } Applicant versus The Commissioner of Customs } (Export Promotion) and Ors. } Respondents
WITH NOTICE OF MOTION NO. 846 OF 2017 IN REVIEW PETITION (L) NO. 10 OF 2017 IN CUSTOMS APPEAL NO. 11 OF 2015
Suresh Mandhana } Applicant versus The Commissioner of Customs } (Export Promotion) and Ors. } Respondents
Mr. V. Sridharan-Senior Advocate with Mr. Prakash Shah and Mr. Jas Sanghvi i/b. M/s. PDS Legal for the applicants.
Mr. Pradeep S. Jetly for the respondents.
CORAM :- S. C. DHARMADHIKARI & DR. SHALINI PHANSALKAR-JOSHI, JJ. DATED :- NOVEMBER 24, 2017
P.C. :-
For the reasons set out in the notices of motion, the delay is condoned. The notices of motion are made absolute in terms of prayer clause (a). The notices of motion are disposed of. There would be no order as to costs.
(DR. SHALINI PHANSALKAR-JOSHI, J.) (S.C.DHARMADHIKARI, J.)
Page 4 of 4
J.V.Salunke,PA
3 issues framed by the court
Whether delay in condonation should be allowed
Whether notices of motion should be made absolute
Whether the pending review petitions should be disposed of
Mehul Jayant Parekh
The Commissioner of Customs (Export Promotion)
Anwer A. Husain Patel
Anwar A. Husain Patel
Suresh Mandhana
Rakesh Naval
S. C. Dharmadhikari
Dr. Shalini Phansalkar-Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
