MYM EXPORTERS Vs. UNION OF INDIA

JUDGEMENT

(1.) IN W.P. No. 16950 of 1992, M/s. MYM Exporters, a proprietary concern carrying on business at Bombay has filed this writ petition praying this Court to issue appropriate writ or direction in the nature of certiorarified mandamus calling for records from Respondent No. 5 relating to File No. 88/362/86 SIB/148/85 quash the order dated 29-6-1986 despatched on 12-12-1986, marked ANNEXURE 'L' and direct the Respondent No. 5 to release the cargo covering the Bills of Entry (i) I.M. No. 1148/85 L.No. 87/-, dated 6-1-1986 and (ii) I.M. No. 23/86 with such further or other order or orders as this Honourable Court might deem fit.

(2.) THE very same writ petitioner filed W.P. No. 16951 of 1992 praying for the issue of a writ of certiorari to call for records in file No. 9/82/Hq/88-89 ECA. I/3131/3937/2988 from Respondent No. 3 herein and quash the adjudication order dated 23rd September, 1991/3-8-1992 ANNEXURE 'S' passed by the Respondent No. 3 with such further or other order or orders as this Honourable Court might deem fit.

(3.) THE learned Counsel for the petitioner also contended that the respondents have acted not only arbitrarily, but also maliciously and vindictively with a view to harass the petitioner and, therefore, the petitioner would be justified in coming before this Court. Mr. Ranka also referred to various events, which according to him will reflect on the conduct of the respondents. Mr. Ranka also pointed out that only the 5th respondent had filed the counter affidavit and the other respondents have not filed their counter. Though these arguments advanced by Mr. Ranka are attractive, this Court is not persuaded to sustain the same as no specific allegations of mala fides have been made by impleading the individual officer concerned. In the absence of such allegation, it will be sufficient if one of the respondents file the counter.