Union Of India v. The Customs And Central Excise Settlement Commission Mumbai And ORS.

1/1 224-WP-830-05.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by PURTI PRASAD PARAB Date:

2022.07.19 11:41:46 +0530 ORDINARY ORIGINAL CIVIL JURISDICTION PURTI PRASAD PARAB WRIT PETITION NO. 830 OF 2005 Union of India ....Petitioner V/s.

The Customs And Central Excise Settlement Commission Mumbai and Ors.

...Respondents

---- Mr. P.S. Jetly, Senior Advocate a/w Mr. Jitendra B. Mishra and Ms. Sangeeta Yadav for Petitioner.

Mr. Chirag Shetty i/b Economic Law Practice for Respondent Nos. 2 to 4. ---- CORAM : K.R. SHRIRAM & MILIND N. JADHAV, JJ.

DATED : 15th JULY, 2022 P.C. :

1.

The issue in this petition raised by petitioner, Union of India is whether the Settlement Commission has jurisdiction to settle the proceedings initiated by the customs for the recovery of drawback. 2.

Mr. Jetly in fairness submitted that this issue is covered by the judgment of this court in Union of India vs. Cus. & C. EX. Settlement Commission, Mumbai1 where the court has held that Settlement Commission has jurisdiction to deal with question relating to recovery of drawback erroneously paid.

3.

In the circumstances, petition stands disposed. (MILIND N. JADHAV, J.) (K.R. SHRIRAM, J.) 1 2010 (258) E.L.T. 476 (Bom) Purti Parab