(Per : HONOURABLE MR.JUSTICE V. M. SAHAI)
1. We have heard Mr.Mihir Joshi, learned Senior counsel assisted by Mr.Dhaval Shah in Miscellaneous Civil Application Nos. 2 of 2012 to 13 of 2012, wherein the original petitioner has sought a review of our order dated 21.11.2011, Mr.Y.N.Ravani, and Mr.P.S.Champaneri, learned counsel appearing for the respondents. Original respondents have also filed Miscellaneous Civil Application Nos. 85 of 2012 to 101 of 2012 for for review of our order dated 21.11.2011 in Special Civil Application Nos.14509 of 2011 to 14526 of 2011.
2. Miscellaneous Civil Application Nos. 2 of 2012 to 13 of 2012 are allowed to the extent that in paragraph-5 in 14th line, between the words "order and against", the words " or initiate any action" shall be inserted. The order dated 21.11.2011 is modified to the aforesaid extent. Miscellaneous Civil Application Nos. 2 of 2012 to 13 of 2012 are disposed of with the aforesaid modification.
3. So far as Miscellaneous Civil Application Nos. 85 of 2012 to 101 of 2012 are concerned, the original respondent has produced a chart which shows that all the cheques have been returned who have approached the respondents and no amount is under deposit with the respondents. So far as the amount of deposit before Collector, Customs at Ahmedabad or before Commissioner of Customs, Surat are concerned, they have not been arraigned as parties to the writ petitions or present Miscellaneous Civil Applications. Therefore, no specific order is required to be passed. It shall be open to the original petitioner to approach appropriate authority to take appropriate remedy in accordance with law.
4. With the aforesaid observations, Miscellaneous Civil Application Nos. 85 of 2012 to 101 of 2012 stand accordingly disposed of.
(V.M.SAHAI,J) (A.J.DESAI,J) ***vcdarji Top