Gujarat High Court
M/S. S. J. S. International vs Union Of India on 11 June, 2021
Author: Vikram Nath
Bench: Vikram Nath, Biren Vaishnav
C/SCA/7116/2021 ORDER DATED: 11/06/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7116 of 2021
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M/S. S. J. S. INTERNATIONAL
Versus
UNION OF INDIA
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Appearance:
MR HARSHADRAY A DAVE(3461) for the Petitioner(s) No. 1,2
for the Respondent(s) No. 1,2
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CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM
NATH
and
HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 11/06/2021
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH)
1. Heard Mr. Harshadray A. Dave, learned counsel for the petitioners.
2. Connect with Special Civil application No.5340 of 2021.
3. Admit. Issue Notice.
4. Mr. Dave submits that the impugned notice has been issued by an officer not duly authorized under law and as such the same would be without jurisdiction. In support of her submissions, she has placed reliance upon judgement of the Supreme Court in case of M/s. Canon India Private Limited vs. Commissioner of Customs in Civil Appeal No.1827 of 2018 dated 09.03.2021.
5. Prima facie case for interim relief is made out. As an interim measure, it is provided that, the concerned respondent may proceed to Page 1 of 2 Downloaded on : Sat Jun 12 04:03:15 IST 2021 C/SCA/7116/2021 ORDER DATED: 11/06/2021 adjudicate pursuant to the show-cause notice issued in which proceedings the petitioners shall cooperate. However, concerned respondent may not pass final orders without leave of the Court.
Direct service is permitted.
(VIKRAM NATH, CJ) (BIREN VAISHNAV, J) VATSAL S. KOTECHA Page 2 of 2 Downloaded on : Sat Jun 12 04:03:15 IST 2021