M/S. Debanjan Impex v. Union Of India & ORS.
$~42 & 43 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3542/2025 TECHSYNC .....Petitioner Through:
Ms. Piyushi Garg, Mr. Ananay Chopra, Mr. Ajay Kr Yadav, Mr.
Chandravijay Sharma, Mr.
Hardik Saxena & Mr. Rajat Yadav, Advs versus THE SUPERINTENDENT OF CUSTOMS SIIB ACC IMPORTS AND ORS .....Respondents Through:
Mr. Aditya Singla, SSC, CBIC with Ms. Arya Suresh Nair, Mr. Dhananjay Gautam & Mr. Akhil Sharma, Advs.
(9466427318) Mr.
Jainendra Jain, Assistant Commissioner of Customs.
~43 + W.P.(C) 15448/2025 M/S. DEBANJAN IMPEX .....Petitioner Through:
Ms. Piyushi Garg, Mr. Ananay Chopra, Mr. Ajay Kr Yadav, Mr.
Chandravijay Sharma, Mr.
Hardik Saxena & Mr. Rajat Yadav, Advs.
versus UNION OF INDIA & ORS.
.....Respondents Through:
Mr. Abhishek Yadav, SPC with Mr.
Vikrant Malwal, GP for UOI.
(9811319032) Mr. Aditya Singla, SSC, CBIC with Ms. Arya Suresh Nair, Mr. Dhananjay Gautam & Mr. Akhil Sharma, Advs.
(9466427318) Mr.
Jainendra Jain, Assistant Commissioner of Customs.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
CORAM:
JUSTICE PRATHIBA M. SINGH JUSTICE SHAIL JAIN
O R D E R
% 09.12.2025 1.
This hearing has been done through hybrid mode. CM APPL. 77733/2025 in W.P.(C) 3542/2025 2.
This is a fresh application seeking enforcement of orders dated 30th October, 2025 and 21st November, 2025 wherein this Court had directed release of the subject consignments of the Petitioners. 3.
The Petitioners are aggrieved by the fact that though the subject consignments which were directed to be released have already been released, subsequent consignments, which should also have been released in terms of the findings in the above said orders, are being put under cloud. 4.
The Customs Department is stated to be seeking applications for provisional release from the Petitioners after releasing the subject consignments which, in the opinion of this Court, would be completely untenable.
5.
Issue notice. Mr. Aditya Singla, ld. SSC accepts notice for the Customs Department.
6.
Let the reply be filed within four weeks. Rejoinder thereto be filed within two weeks thereafter.
7.
It is submitted by Mr. Singla, ld. SSC that the ground on which such applications are sought is that the inter-ministerial consultation, as directed by this Court vide order dated 30th October, 2025, is going on and the matter is sub judice.
8.
It is made clear that the inter-ministerial consultation would only have The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
prospective bearing inasmuch as the issue under consideration i.e., clarity on the position of the Government on the importing of the subject goods, would not affect the imports made prior to the policy decision being taken. 9.
Further, on 21st November, 2025, the Court had imposed a cost of Rs. 25,000/- upon the Customs Department to be paid to each of the Petitioners. It was clarified that the same would be deducted from the salary of the concerned officer i.e., Mr. Jainendra Jain, Assistant Commissioner of Customs 10.
Today, Mr. Singla, ld. SCC has handed over an affidavit of Mr. Jain,. The same is taken on record. Mr. Jain is also present in court and extends unconditional apology. It is submitted by Mr. Singla that Mr. Jain is just three months away from super-annuation.
11.
The Court has perused the said affidavit. In view of the said affidavit, the costs shall not be recovered from the said official but the costs shall be paid by the Customs Department.
12.
List on 11th March, 2026.
W.P.(C) 15448/2025 13.
List on 11th March, 2026.
PRATHIBA M. SINGH, J.
SHAIL JAIN, J.
DECEMBER 9, 2025 kk/msh The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.