Charan Singh Surjit Singh Gujral v. Union Of India And ORS

1 902-1---WP-1330-25.docx rsk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1330 OF 2025 Charan Singh Surjit Sindh Gujral : Petitioner.

Versus

Union of India and Ors.

: Respondents ______________________________________________________ Mr. Brijesh Pathak a/w. Ms. Aditi Ravidas and Ms. Vaishnavi Murkute, for the Petitioner.

Ms. Ruju Thakkar a/w. Mr. S. D. Deshpande, for the Respondents.

______________________________________________________

CORAM

M.S. Sonak & Jitendra Jain, JJ.

DATED:

24 JULY 2025 PC:- 1.

Heard learned counsel for the parties.

2.

On the last occasion, Mr. Pathak has stated that after the institution of this petition, the respondents have refunded, Rs.6,02,45,795/- and the amount of Rs.76,11,150/- was yet to be refunded. He also submitted that no interest has been paid to the petitioner.

3.

Accordingly, we had posted the matter for learned counsel for the respondent to obtain instructions. After some adjournment, instructions have been obtained and even affidavit in reply has been filed.

4.

Regarding the issue of refund of Rs.76,11,150/- Ms.

2 902-1---WP-1330-25.docx Thakkar pointed out that till date the petitioner has not exported the goods. Mr. Pathak submitted that the goods are with the Custom Authorities and because the Custom's Authorities have not permitted the exports, the goods remained with the custom's authorities. He submitted that the Customs Authority may be directed to permit exports and thereafter process the refund. Ms.Thakkar, on instructions states that there are some technical issues regarding permit of exports. She submitted that license of the Custom's House Agent (CHA) or Custom's Broker who had submitted shipping bills had been cancelled. She, therefore, points out that the petitioner will now have to engage some other license custom's broker or Custom House Agent to process the shipping bills and allow the exports. Ms. Thakkar says that no sooner these issues are sorted out, exports will be permitted and refunds processed.

5.

Mr. Pathak states that the original bills are still with the custom's authorities. In any event, petitioner will engage some other broker/ Custom House Agent and sort out the issues now pointed out at the earliest.

6.

Accordingly, we post this matter for further consideration and compliance on 28 August 2025. In the meanwhile, we expect that the issues now raised regarding exports are sorted out.

(Jitendra Jain, J) (M.S. Sonak, J)