Patna High Court - Orders
Ashish Sharma vs The Union Of India on 23 February, 2022
Bench: Chakradhari Sharan Singh, Madhuresh Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.768 of 2021
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Ashish Sharma
... ... Petitioner/s
Versus
The Union of India
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 3529 of 2020
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Shree Enterprises
... ... Petitioner/s
Versus
The Union of India
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 3765 of 2020
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Bharat Trading Company
... ... Petitioner/s
Versus
The Union of India
... ... Respondent/s
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Appearance :
(In all cases)
For the Petitioner : Mr.Prabhat Ranjan
For the Respondents : Dr. K. N. Singh, A.S.G.
Mr. Anshuman Singh, Sr. S.C. Customs
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
and
HONOURABLE MR. JUSTICE MADHURESH PRASAD
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH)
10 23-02-2022Our attention has been drawn to an order passed by a Division Bench of this Court dated 22.11.2021 in C.W.J.C. No. Patna High Court CWJC No.768 of 2021(10) dt.23-02-2022 2/3 7999 of 2020 (Sukhdeo Singh and Ors. vs. The Union of India and Ors.), which reads as under: -
"Dr. K.N.Singh, under instructions from Shri Anshuman Singh, learned senior counsel of Customs, submits that perhaps, it would be prudent to adjourn the matter awaiting outcome of the decision of the Special Leave Petition i.e. Special Leave to Appeal (C) No. 7146 of 2021 pending before the Hon'ble Supreme Court, whereby judgment dated 20.12.2019 rendered in L.P.A. No.1153 of 2019 titled as M/s Om Sai Trading Company & Anr. Vs. Union of India & Ors., is under challenge.
We are informed that the matter is likely to be heard by the Hon'ble Supreme Court in the month of November, 2021.
Admit.
Parties are at liberty to seek early hearing of the petition after the decision is rendered by the Hon'ble Apex Court in M/s Om Sai Trading Company (supra).
Adjudicatory proceeding shall continue. Equally, it shall be open for the adjudicatory authority to pass an order but however, the same shall not be given effect Patna High Court CWJC No.768 of 2021(10) dt.23-02-2022 3/3 to without permission of the Court."
It appears to be an admitted position that the said order has been passed on writ petitions, which had arisen out of the same seizure, which is subject matter of present writ petitions.
Accordingly, these applications shall be heard along with C.W.J.C. No. 7999 of 2020.
(Chakradhari Sharan Singh, J) (Madhuresh Prasad, J) Pawan/-
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