Disposed

Rahul Bokadia v. Union of India

Bombay HC26 Nov 2024WP/3850/2024

Case brief

AI extract

What is this about?

The Court refused to interfere with the show cause notice, relying on a Supreme Court decision. The petition was disposed of with directions to the adjudicating authority to decide the notice by June 30, 2025, and liberty granted to the petitioner to file an appeal within 8 weeks if so disposed of.

What did the court decide?

Liberty to file appeal within 8 weeks if show cause notice is disposed of by passing Order-In-Original; interim order vacated.

Rahul Bokadia vs Union of India — Customs and Excise | Bombay HC (2024)

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ppn 1 wp.3850.24.docx

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY Digitally signed PRACHIPRANESHNANDIWADEKAR by PRACHIPRANESHNANDIWADEKARDate: 2024.11.28 ORDINARY ORIGINAL CIVIL JURISDICTION 13:21:07 +0530

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WRIT PETITION NO.3850 OF 2024

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Rahul Bokadia .. Petitioner Vs. Union of India .. Respondent ______________________________________________________________

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None for the petitioner.

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Mr. M.P. Sharma a/w Ms. Sangeeta Yadav and Mr. Umesh Gupta for the respondents.

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_______________________________________________________________ CORAM : M. S. Sonak & Jitendra Jain, JJ. DATE : 26 November 2024

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P.C.:-

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We are not inclined to interfere with the impugned show cause notice dated 29 May 2020 given the decision of the Hon’ble Supreme Court dated 7 November 2024 in Review Petition No.400 of 2021 in the case of ‘Commissioner of Customs Vs.Canon India Private Limited’ (Civil Appeal No.1827 of 2018). However, the petitioner has not filed replies to the show cause notice, they may do so within 4 weeks from the date of uploading this order.

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The adjudicating authority are directed to dispose of the show cause notice by 30 June 2025.

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If show cause notice is already disposed of by passing Order-InOriginal, we grant the petitioner liberty to file appeal within 8 weeks from the date of uploading of this order. If such an appeal is indeed filed within 8 weeks, the authority must dispose of the appeal on merit without adverting the issue of limitation.

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All the contentions of all parties, except those concluded by the

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ppn 2 wp.3850.24.docx

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Supreme Court in its decision dated 7 November 2024 are kept open. 5. This petition is disposed of in the above terms without any order for costs. Interim order, if any, stands vacated. Interim applications, if any, do not survive and are disposed of.

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All concerned to act upon the authenticated copy of this order.

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(Jitendra Jain, J .) ( M. S. Sonak, J.)

Rahul Bokadia v. Union of India

Case brief

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Rahul Bokadia v. Union of India

Case brief

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