SCA/3885/1991 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 3885 of 1991 For Approval and Signature: HONOURABLE MR.JUSTICE D.A.MEHTA Sd/- HONOURABLE MR.JUSTICE Z.K.SAIYED Sd/- ===================================================== 1 Whether Reporters of Local Papers may be allowed to see the judgment? No 2 To be referred to the Reporter or not ? No 3 Whether their Lordships wish to see the fair copy of the judgment ? No 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? No 5 Whether it is to be circulated to the civil judge ? No ===================================================== HIMANSHU AUTO PRIVATE LTD & 1 - Petitioner(s) Versus UNION OF INDIA & 4 - Respondent(s) ============================================================== Appearance : MR DHAVAL K.SHAH FOR MR PARESH M DAVE for Petitioner(s) : 1 - 2. RULE SERVED for Respondent(s) : 1 - 5. ===================================================== CORAM : HONOURABLE MR.JUSTICE D.A.MEHTA and HONOURABLE MR.JUSTICE Z.K.SAIYED Date : 28/04/2008 SCA/3885/1991 2/5 JUDGMENT ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE D.A.MEHTA) 1 This petition, was preferred on 13.06.1991 praying for following reliefs : “(A) Your Lordships may be pleased to issue writ of Mandamus, or a writ in the nature of Mandamus or any other appropriate writ, order or direction quashing and setting aside the seizure of scrap and seizure of books of accounts and documents by panchnamas dated 7.4.1988 (Annexure 'E' hereto) dated 6.5.1988 (Annexure 'M' hereto) and dated 6.5.1988 (Annexure 'N' hereto) and directing the respondents herein to return the scrap and the books of accounts and documents forthwith; (B) Pending hearing and final disposal of present petition, Your Lordships may be pleased to direct the respondents their servants, agents and officers to return the scrap seized vide panchnama dated 7.4.1988 (Annexure 'E' hereto) and the books of accounts and documents seized at Bombay SCA/3885/1991 3/5 JUDGMENT under panchnama dated 6.5.1988 (Annezure 'M' hereto) and at Umbergaon vide panchnama dated 6.5.1988 (Annexure 'N' hereto); (C) An exparte ad interim relief in terms of para 6(B) above may kindly be granted. (D) Any other further relief as may be deemed just and proper in the facts and circumstances of the present case may kindly be granted”. 2 On 07.08.1991 while admitting the petition the following order came to be made by the Court : “Rule. Considering the facts as narrated in the petition which are not controverted by filing affidavit-in- reply inspite of sufficient time being given to the respondents by way of interim order the respondents are directed to release the books of account, which are seized by panchnama's dated 6.5.88, on the condition that when the petitioner would supply the xerox copy of the books of account to the respondents, before releasing the said books of account the petitioner or his authorised representative and the authorised officer of the respondent would initial the same. The respondents are directed to release the books of account within fifteen days from to-day. The SCA/3885/1991 4/5 JUDGMENT respondents are further directed to implement the order Annexure “Q” dated 29th June 1989 without insisting for cash security of Rs.12,500/- if the petitioner or M/s.M.M.Steel Corporation, to whom the petitioner has sold the said goods, executes B-11 bond covering the entire value of the seized goods i.e. Rs.40,000/-. Sd/- (M.B.Shah, J.) Sd/- (R.D.Vyas, J.) ” 3 Thus, on the date of admission of the petition one part of the principal prayer, viz. return of seized Books of Accounts had already been granted. In so far as the scrap which was seized under panchnama dated 7.4.1988, as there was no interim relief the proceedings would have been over by now considering the period of two decades which has since elapsed. 4 In the aforesaid set of circumstances, it is apparent that the petition has been rendered infructuous by efflux of time and is according disposed of. Rule discharged. There shall be no order as to costs. SCA/3885/1991 5/5 JUDGMENT Sd/- (D.A. Mehta,J.) Sd/- (Z.K.Saiyed, J.) M.M.BHATT