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MCA/2685/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR ORDERS No. 2685 of 2011
In
SPECIAL
CIVIL APPLICATION No. 10742 of 2011
=========================================================
M/S
IMROSE TRADERS - Applicant(s)
Versus
UNION
OF INDIA THROUGH SECRETARY & 2 - Opponent(s)
=========================================================
Appearance
:
MR
PARESH M DAVE
for
Applicant(s) : 1,
None for Opponent(s) : 1,
MR RJ OZA for
Opponent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
and
HONOURABLE
MS JUSTICE SONIA GOKANI 21st October 2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE AKIL KURESHI)
Learned
counsel Mr. Oza appeared on behalf of the respondents on advance
copy. This application, in fact, was notified yesterday for hearing.
After brief discussion, at our request, learned counsel Mr. Oza
conveyed to the respondents; and in particular respondents no. 2 &
3 that the imposition of condition of providing bank guarantee, only
after which the goods will be cleared, runs counter to our directions
contained in Order dated 9th
September 2011. We noted that learned counsel Mr. Oza has been able
to prevail over the respondents and today,
within less than twenty four hours, he has ensured that proper
corrective steps are taken by the respondents. In furtherance to
this, he places on record a communication dated 20th
October 2011, by virtue of which, the goods of the applicant are
ordered to be released provisionally. In so far as the application is
concerned, the prayers stand satisfied.
We
might have examined the issue of ignoring the Court’s order further,
however, in view of unconditional apology tendered by Shri Sanket
Kale, on behalf of the authority who had passed the order, as also
the assurance of learned counsel Mr. Oza that the Court’s anguish and
annoyance will be conveyed to the concerned officer, we close the
issue.
In
view of the developments noted above, no further order is passed in
this Misc. Civil Application. The same stands disposed of
accordingly.
{Akil
Kureshi, J.}
{Ms.
Sonia Gokani, J.}
Prakash*
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