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1984 Supreme(Bom) 151

SHARAD MANOHAR
R. Shakuntala – Appellant
Versus
Roshanlal Agarwal – Respondent


Advocates appeared:
M.K. Patwardhan, for Applicant; R. Jethmalani i/b Haresh Mehta and Co (for No.1):R. Jethamalani i/b, Hiralal G. Mehta; (for Nos.2 and 3), for Respondents; Mrs. Ranjana Samant Desai, Asst. Public Prosecutor, for the State.

ORDER :- This judgment is being delivered by me only because certain jurisdictional objections were raised by Mr. Jethmalani to entertain this petition.

2. The main question in respect of which relief was asked for by the petitioner, Assistant Collector of Customs, is already resolved to the satisfaction of all the parties. But at the time when the petition was being argued, several objections were vehemently put forth questioning this Court's jurisdiction to entertain this petition and I found that each of the objections raised by Mr. Jethmalani had to be answered, on principle, as unsustainable. I had mentioned that I proposed to give a judgment on the point giving the reasons why I do not accept the contentions and on that account Counsel were heard fully and at length on those points. Moreover, these points are being raised before this Court quite frequently. That is the only reason why the present judgment is being delivered by me giving reasons why I entertained the petition and rejected the jurisdictional and other technical objections raised by Mr. Jethmalani and the other learned Counsel appearing for the defence.

3. A very short summary of the facts, which give rise to this




















































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