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Dinesh Bhabootmal Salecha vs Commissioner Of Customs (Import) on 6 July, 2023

Bench: Sanjay Kishan Kaul, Sudhanshu Dhulia

                                                      1


     ITEM NO.31                               COURT NO.2               SECTION IX

                                  S U P R E M E C O U R T O F      I N D I A
                                          RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C)                  No(s).   5687/2023

     (Arising out of impugned final judgment and order dated 08-09-2022
     in CUAPP(L) No. 20820/2022 passed by the High Court Of Judicature
     At Bombay)

     DINESH BHABOOTMAL SALECHA                                          Petitioner(s)

                                                     VERSUS

     COMMISSIONER OF CUSTOMS (IMPORT)                                   Respondent(s)


         IA No. 103895/2023 - APPLICATION FOR PERMISSION
         IA No. 99870/2023 - EXEMPTION FROM FILING O.T.)

     Date : 06-07-2023 This matter was called on for hearing today.

     CORAM :
                            HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
                            HON'BLE MR. JUSTICE SUDHANSHU DHULIA

     For Petitioner(s)                 Mr. Parthiv Soswami, Sr. Adv.
                                       Mr.Nikilesh Ramachandran, AOR
                                       Ms. Atiga Singh, Adv.

     For Respondent(s)                 Mr. Balbir Singh, A.S.G.
                                       Mr. Mukesh Kumar Maroria, AOR
                                       Mr. Chandrashekhar Chaklabbi, Adv.
                                       Mr. Rupender Sinhmar, Adv.
                                       Mr. A.k. Kaul, Adv.
                                       Ms. Sristi Mishra, Adv.

                         UPON hearing the counsel the Court made the following
                                               O R D E R

The petitioner has not been able to satisfy us that they ever acquired title in the goods. On Signature Not Verified the other hand, learned ASG pointed out that the Digitally signed by Charanjeet Kaur Date: 2023.07.06 16:31:05 IST Reason: matter went to the Settlement Commission which has found even the documents produced by the petitioner are tampered with.

We are not inclined to exercise jurisdiction under Article 136 of the Constitution of India. The special leave petition is, accordingly, dismissed.

Interim order stands vacated.

Pending applications stand disposed of. [CHARANJEET KAUR] [POONAM VAID] ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)