LAWS(BOM)-2006-4-38

GENERAL INSTRUMENTS CO Vs. UNION OF INDIA

Decided On April 07, 2006
GENERAL INSTRUMENTS CO. Appellant
V/S
COMMISSIONER OF CUSTOMS, MUMBAI Respondents

JUDGEMENT

(1.) In this case the petitioner is running from pillar to post since last 20 years seeking justice as the petitioner is being penalised for the lapses committed by the licensing authorities. In fact, Mr. Rana, learned senior counsel for the respondents fairly admitted that in the present case the petitioner is not the sinner but sinned against.

(2.) Mr.Manohar M.Kulkarni, a partner of the petitioner firm sought permission to argue the case on behalf of the petitioner inter alia on the ground that in the last 20 years the firm had to face several rounds of litigation on account of erroneous licence granted by the licensing authorities, as a result the firm has closed down its business and has no financial capacity to engage the services of a lawyer. Mr.Kulkarni has furnished a power of attorney executed by all the partners of the firm dated 24/3/2006 wherein all the partners have authorised Mr.Manohar Kulkarni to appear on behalf of the petitioner. Accordingly, we have permitted him to argue the case on behalf of the petitioner.

(3.) The petitioner is a Partnership firm duly registered under the Indian Partnership Act, 1932. The said partnership firm was managed by Mr.Manohar M.Kulkarni, who has rendered service as Captain in the Indian Army. The other partners of the firm are the family members of Mr.Manohar Kulkarni.