Dismissed

Kishorchandra Kalyanji Agri LLP v. Union (through the Secretary) Ministry of Law and Justice, Dept. of Legal Affairs. and Ors.

Bombay HC8 Jul 2021WP/2503/2021

Case brief

AI extract

What is this about?

The High Court allowed withdrawal of a writ petition challenging a customs order. The petition was based on an order later set aside by the Supreme Court, rendering the petition's foundation unsustainable. The court dismissed the petition with liberty to file a fresh representation within one week.

What did the court decide?

Writ petition allowed to be withdrawn and dismissed. Liberty to file a representation before the Additional Commissioner of Customs.

Kishorchandra Kalyanji Agri LLP Vs Union (through the… — Customs and Excise | Bombay HC (2021)

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3.WP2503_2021

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Vidya Amin

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 2503 OF 2021

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Kishorchandra Kalyanji Agri LLP vs.

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Union (through the Secretary),Ministry of Law and Justice, Dept. of Legal Affairs and Ors.

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.. Petitioner

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.. Respondents

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Dr. Sujay Kantawala i/b. India Law Alliance for the petitioner. Mr. J.B. Mishra for the respondent-UOI.

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CORAM :- DIPANKAR DATTA, CJ & G. S. KULKARNI, J.

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PC :

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An order in original dated December 20, 2020 passed by the respondent no.2, the Additional Commissioner of Customs, Grp-I, NCH, Mumbai, is under challenge in this writ petition essentially on the ground that such order had been passed without considering the judgment and order dated October 15, 2020 passed by this Court while deciding Writ Petition (L) No. 3502 of 2020 and Writ Petition (L) No. 3503 of 2020.

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Doubtless, the judgment and order dated October 15, 2020 has been set aside by the Supreme Court of India by its judgment and order dated June 17, 2021 while disposing of Civil Appeal No. 2217-2218 of 2021 (Union of India & Ors. vs. Raj Grow Impex LLP & Ors.). The judgment and order dated October 15, 2020 having been set aside by the Supreme Court, the plinth on which this writ petition rests does not survive.

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3.WP2503_2021

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At this stage, Mr. Kantawala, learned advocate appearing for the petitioner seeks leave to withdraw this writ petition with liberty to pursue the representation dated June 24, 2021 filed before the respondent no. 2 in the light of the observations made in the judgment and order dated June 17, 2021 of the Supreme Court.

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The writ petition is allowed to be withdrawn. It stands dismissed as such. No costs.

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We have no doubt that the representation filed by the petitioner shall be considered and disposed of in accordance with law as expeditiously as possible, but preferably within one week.

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(G. S. KULKARNI, J.) (CHIEF JUSTICE)

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Kishorchandra Kalyanji Agri LLP v. Union (through the Secretary) Ministry of Law and Justice, Dept. of Legal Affairs. and Ors.

Case brief

What is this about?

What did the court decide?

Kishorchandra Kalyanji Agri LLP v. Union (through the Secretary) Ministry of Law and Justice, Dept. of Legal Affairs. and Ors.

Case brief

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What did the court decide?

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