Allowed

Agricas LLP v. Union of India through the Secretary Ministry of Law and Justice, Dept. of Legal Affairs and Ors.

Bombay HC8 Jul 2021WP/2504/2021

Case brief

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What is this about?

The High Court allowed the withdrawal of Writ Petition No. 2504 of 2021 filed by Agricas LLP challenging an order by the Additional Commissioner of Customs. The petition rested on a judgment subsequently set aside by the Supreme Court.

What did the court decide?

The writ petition is allowed to be withdrawn and stands dismissed as such.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

Agricas LLP Vs Union of India through the Secretary… — Customs and Excise | Bombay HC (2021)

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4.WP2504_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. 2504 OF 2021

Agricas LLP

. .. Petitioner

vs.

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

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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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Date :- July 8, 2021.

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PC :

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An order-in-original dated December 28, 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 in Appeal 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

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4.WP2504_2021

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Supreme Court, the plinth on which this writ petition rests does not survive.

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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 22, 2021 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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Agricas LLP v. Union of India through the Secretary Ministry of Law and Justice, Dept. of Legal Affairs and Ors.

Case brief

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Agricas LLP v. Union of India 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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