2021 (4) TMI 608
X X X X Extracts X X X X
X X X X Extracts X X X X
....dia & ors. With Sudhakar Rao Desai, Wholetime Director and CEO of Emami Agrotech Ltd. Vs. Union of India & ors. , Nisha Murarka Vs. Union of India & ors. With Krishna Mohan Nayapati, Director of Emami Agrotech Ltd. Vs. Union of India & ors. With Rajiv Kumar Tibrewal Vs. Union of India & ors. With Debasish Bhaumik, Independent Director of Emami Agrotech Ltd. Vs. Union of India & ors. W.P.A.7735 of....
X X X X Extracts X X X X
X X X X Extracts X X X X
....on 124 read with Section 28 of the Customs Act, 1962. 3. Mr. S.K. Kapoor, learned Senior Advocate appearing on behalf of some of the writ petitions has firstly placed the certificate of origin issued by the Ministry of Foreign Affairs, Government of Bangladesh before this Court. The certificate indicates that the documents provided by the exporters as stipulated under Articles 4, 5, 6 and 8 of th....
X X X X Extracts X X X X
X X X X Extracts X X X X
....s submitted that subsequent to the judgement of the Supreme Court in M/s. Canon India Pvt. Ltd. Vs. Commissioner of Customs in Civil Appeal No. 1827 of 2018, the D.R.I. has lost its authority to issue any show cause notice under Section 28 of the Customs Act, 1962. He has placed the judgement before me specifically paragraphs 18 to 23 to buttress his arguments. He has accordingly submitted that th....
X X X X Extracts X X X X
X X X X Extracts X X X X
....es and perused the materials on record. 7. In my view, there appears to be a prima facie case for staying the show cause notice following the judgement in M/s. Canon India Pvt. Ltd. (supra). 8. I have not gone into the merits of the other arguments raised by the learned Counsel appearing for the petitioners at this stage. 9. Accordingly, let affidavit-in-opposition be filed within four weeks, r....