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2021 Supreme(Bom) 32

UJJAL BHUYAN, MILIND N.JADHAV
NBU Bearings Pvt. Ltd. – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioners:Mr. Venkatesh Dhond, Senior Advocate a/w. Mr. Rohan Kadam, Mr. Bhuvan Singh, Mr. Ashwini Kumar i/by Ms. Gunjan Chaubey, Advocates.
For the Respondents:Mr. Vijay Kantharia a/w. Mr. Ram Ochani, Advocates, Mr. Alankar Kirpekar and Mr. Shekhar Bhagat i/by Ms. Neelaja Kirpekar, Advocates.

JUDGMENT :

MILIND N. JADHAV, J.

Heard Mr. Venkatesh Dhond, learned senior counsel for the petitioners; Mr. Vijay Kantharia, learned counsel for respondent Nos. 2 to 5; and Mr. Alankar Kirpekar, learned counsel for respondent No.6.

2. By the present petition filed under Article 226 of the Constitution of India, petitioners have prayed for a writ of mandamus to respondent no. 4 i.e. Deputy / Assistant Commissioner of Customs (Special Intelligence & Investigation Branch), Nhava Sheva - V, Tal Uran, District - Raigad to revoke the suspension of clearance of its consignment i.e. bearings imported by petitioner No.1 on 05.01.2021 having "TR" mark / brand.

2.1. Petitioner No.1 has filed 6 bills of entry, all dated 04.01.2021, with customs authorities i.e. respondent Nos. 2 to 5 for clearance. Petitioner asserts that without issuing any order of confiscation and in violation of the provisions of Rule 7 of the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 (briefly referred to as "the IPR Rules" hereinafter) and the provisions of the Copyright Act, 1957 (for short 'the sai

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