Prime Home Collection (Opc) Pvt Ltd. v. Union Of India Thr. The Secretary Ministry Of Finance Department Of Revenue And ORS
2025:BHC-AS:27810-DB Sayyed 11-WP.14230.2024.docx IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.14230 OF 2024 WRIT PETITION NO.14230 OF 2024 Prime Home Collection (OPC) Pvt Ltd.
Prime Home Collection (OPC) Pvt Ltd.
...
...Petitioner
Petitioner
Versus
Versus
Union of India & Ors.
Union of India & Ors.
...
...Respondents
Respondents _____________________________________________________ Dr. Sujay Kantawala a/w Mr. Anupam Dighe, Ms. Chandni Tanna & Dr. Sujay Kantawala a/w Mr. Anupam Dighe, Ms. Chandni Tanna & Ms. Renita Alex i/b. India Law Alliance for the Petitioner. Ms. Renita Alex i/b. India Law Alliance for the Petitioner. Mr. Jitendra B. Mishra a/w Mr. Ashutosh Mishra & Mr. Rupesh Dubey Mr. Jitendra B. Mishra a/w Mr. Ashutosh Mishra & Mr. Rupesh Dubey for Respondent Nos.1 & 4.
for Respondent Nos.1 & 4.
Ms. Neeta Masorkar & Mr. Abhishek R. Mishra for Respondent Nos.2 & 3. Ms. Neeta Masorkar & Mr. Abhishek R. Mishra for Respondent Nos.2 & 3. _____________________________________________________ CORAM :
M. S. Sonak & Jitendra Jain, JJ.
DATED : 8 July 2025 PC.:- 1.
Heard learned counsel for the parties.
Heard learned counsel for the parties.
2.
The Petitioner had challenged the "Insertion of Alert" by the The Petitioner had challenged the "Insertion of Alert" by the Respondents in the ICEGATE system with respect to the Petitioner's Respondents in the ICEGATE system with respect to the Petitioner's Importer Exporter Code (IEC). Based on such instructions, the Importer Exporter Code (IEC). Based on such instructions, the Petitioner's request for processing eligible duty drawback claims was not Petitioner's request for processing eligible duty drawback claims was not being considered.
being considered.
3.
Mr. Mishra Mr. Mishra, learned counsel for the Respondent now states , learned counsel for the Respondent now states that the instructions for alert have been revoked and accordingly, there that the instructions for alert have been revoked and accordingly, there is no longer any alert as against the Petitioner's IEC. is no longer any alert as against the Petitioner's IEC. 4.
Accepting the above statement, the Petitioner's main relief in Accepting the above statement, the Petitioner's main relief in this petition stands worked out.
this petition stands worked out.
5.
Since the Petitioner's eligible duty drawback claims were not Since the Petitioner's eligible duty drawback claims were not being processed on account of the instructions of alert, the same will being processed on account of the instructions of alert, the same will now have to be processed post the revocation of the alert instructions. now have to be processed post the revocation of the alert instructions.
Sayyed 11-WP.14230.2024.docx 6.
Accordingly, we direct the concerned Respondent to process Accordingly, we direct the concerned Respondent to process the Petitioner's eligible duty drawback claims within four weeks from the Petitioner's eligible duty drawback claims within four weeks from today, in accordance with law and on their own merits. today, in accordance with law and on their own merits. 7.
With the above, even the Petitioner's second grievance also With the above, even the Petitioner's second grievance also stands worked out.
stands worked out.
8.
This Petition is disposed of in the above terms without any This Petition is disposed of in the above terms without any costs order.
costs order. All concerned must act on an authenticated copy of this All concerned must act on an authenticated copy of this order.
order.
(Jitendra Jain, J.) (M. S. Sonak, J.) Signed by: Sayyed Saeed Ali Designation: PA To Honourable Judge Date: 09/07/2025 17:33:46