BALAJI MOBITECH PVT. LTD. Vs. UNION OF INDIA
LAWS(BOM)-2017-9-306
HIGH COURT OF BOMBAY
Decided on September 26,2017

Balaji Mobitech Pvt. Ltd. Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

A.S. Oka, J. - (1.) Today, the petitions are listed high upon board. The learned counsel appearing for the petitioners pointed out that the Advocate for the petitioners served notice to the Commissioner of Customs, Dronagiri, J.N.P.T. Nhava Sheva, Taluka Uran, District Raigad, Navi Mumbai on two occasions. Notice dated 13th September, 2017 was served to the said Commissioner as well as the Deputy Commissioner of Customs, Group - VA, Dronagiri, J.N.P.T. Nhava Sheva, Taluka Uran, District Raigad. These notices were served on 18th September, 2017 informing the Commissioner and the Deputy Commissioner that these petitions will be heard on 20th September, 2017. Notwithstanding the service of notice, none appeared for the respondents on that date. However, Mr. Swapnil Bangur who appears for the Union of India in such matters was present in the Court. He stated that he will inform the concerned authorities about these three matters. Mr. Swapnil Bangur informs the Court today that apart from sending SMS, he had spoken to the concerned officer informing him about the pendency of these matters. On 20th September, 2017 the matters were adjourned to 26th September, 2017. Accordingly, fresh notice dated 20th September, 2017 was served by the Advocate for the petitioners both to the Commissioner and Deputy Commissioner on 21st September, 2017. Office copies of the notice are tendered for perusal of the Court by the learned counsel appearing for the petitioners. We direct the petitioners to file the office copies on record along with an affidavit of service.
(2.) In our view, on service of private notice, the Commissioner and the Deputy Commissioner ought to have caused appearance before the Court.
(3.) The learned counsel appearing for the petitioners pointed out that earlier, service of notices used to be accepted in the office of the Law Ministry near Churchgate, Mumbai. However, now notices are required to be served to the respective offices.;


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