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2026 DAILYLAW 16184 (BOM)

ARUN KOTHARI v. UNION OF INDIA THR AND ORS

WP/3856/2026 · 2026-10-07

body2026

Judgment text

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27-WP-3856-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3856 OF 2026 Mr. Arun Kothari .....Petitioner Versus Union of India and Ors. .....Respondents ..... Mr. Vijay Advani a/w Adv. A. M. Sachwani, Mr. Rajesh Shah and Mr. Ganesh Patil, for the Petitioner. Ms. Sangeeta Yadav i/b Mr. Jitendra Mishra, for the Respondent No.2. Mr. Karan Adik a/w Ms. Niyati Mankad, for the Respondent No.3. Mr. Yash B. a/w Mr. Rehaan Shaikh, for the Respondent No.4. ..… CORAM : M. S. KARNIK & SANDESH D. PATIL, JJ. DATE : 7th OCTOBER 2026 P.C.:- 1. Heard learned Counsel for the Petitioner. 2. Against the Order-in-Original dated 10th October, 2025 which is at Exhibit ‘G’ of the Petition, the Petitioner has already filed an Appeal before the Appellate Authority. The Appeal is pending. Manisha 1/3 MANISHA BALKRISHNA TALEKAR Digitally signed by MANISHA BALKRISHNA TALEKAR Date: 2026.10.08 17:35:12 +0530 27-WP-3856-2026.doc During pendency of the Appeal, the present Petition is filed. It is the contention of learned Counsel for the Petitioner that the present Petition be entertained as there are documents to indicate that the gold in question belongs to the Petitioner. It is further submitted that M/s. MMTC PAMP INDIA PVT. LTD. is a party-Respondent No.4 who can confirm the Serial Number of the receipts which would clearly indicate that the gold is manufactured in India. 3. In our view, all these contentions can be raised in the pending Appeal before the Appellate Authority, is which the Appellate Authority shall consider the same on its own merits in accordance with law. The contentions raised by the Petitioner can very well be taken up and canvassed in the Appeal which has been filed before the Appellate Authority. We are not inclined to entertain the present Petition as the contentions of the Petitioner requires adjudication on facts. 4. The Appellate Authority is requested to decide the Appeal filed by the Petitioner as expeditiously as possible and in any case within a period of 12 weeks from the date of communication of this Order. Manisha 2/3 27-WP-3856-2026.doc 5. Liberty to make Application/s seeking appropriate directions against the Respondent No.4 or any other concerned person/ Authority which the Appellate Authority shall obviously look into and pass appropriate Order thereon. 6. In view of above, Writ Petition No.3856 of 2026 stands disposed of. (SANDESH D. PATIL, J.) (M. S. KARNIK, J.) Manisha 3/3