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TMI Blog2010 (8) TMI 462X X X X Extracts X X X X X X X X Extracts X X X X ..... tted to raise any grievance on future if not turns up to collect document - 6238 of 2010 - - - Dated:- 11-8-2010 - D.A. Mehta and H.N. Devani, JJ. REPRESENTED BY : Shri Satish Sundar, with S.V. Raju Associates, for the Petitoner. Shri P.S. Champaneri, for the Respondent. [Order per : H.N. Devani, J (Oral)]. - This petition has been filed with the following prayers : '14. The petitioner therefore prays that :- (a) To admit and allow this petition. (b) By appropriate writ and or order in the nature of mandamus your lordships would be pleased to direct the Respondents to return of documents, foreign currencies and things sought for vide petitioner's Application dated 30-11-2009, and placed as Annexure-B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hase File, Shipping Bills (DEPB copy, Exchange control copy EP Copy), SDF FIRC, BRC and other documetns pertaining to exports. (8) Photo copy of previous year sales file, BRC files, Shipping Bills Files and Bills of Exchange files. (9) Photo copy of Master Files of exports documents for A/c. Yr. 2006-2007, 2007-08 and 2008-09. (10) Photo copy of Export costing calculation documents. (11) Original DRT Papers for case pertaining to M/s. Platinum Corporation Ltd. (12) Photo copy of telephone diary of Mr. Pranav Amratlal. 3. Subsequently the petitioner also issued a legal notice to the respondent No. 2, through its Counsel. Thereafter, repeated requests were made to the respondents to return the said documents, however, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts made in the affidavits-in-reply filed on behalf of the respondents, it is apparent that insofar as the documents/articles listed at serial No. 1, 2, 4, 6 and 11 are concerned, the respondents in principle have agreed to return the original documents to the petitioner, subject to approval from the Headquarters Office. However, as regards the documents listed at Sr. No. 3, 7 and 10, the respondents have expressed reservations regarding returning the same on the ground that the same are required for related investigation. 8. Thus, in principle the respondents have agreed to return the articles/documents enumerated at serial No. 1, 2, 4, 6 and 11 in original. But, it appears that the respondents have still not received approval from the He ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r a much longer period. 10.In the light of the aforesaid, the petition succeeds and is accordingly allowed in the following terms : [i] The respondents are directed to return the original documents/articles listed at serial. No. 1, 2, 4, 6, and 11 to the petitioner within a period of one week from today, that is, on or before 18-8-2010, whether or not the respondents receive the approval from the Headquarters Office for return of the same. [ii] The documents listed at Sr. No. 3, 7 and 10, shall be returned in original on or before 9-9-2010. [iii] Photocopies of the documents enumerated at Serial No. 5, 8, 9 and 12 which have not yet been furnished, shall be furnished within a week from today, that is, on or before 18-8-2010. [iv] ..... X X X X Extracts X X X X X X X X Extracts X X X X
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