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Bombay High CourtWP/1959/2025rule absolute

Pi Industries Limited v. The Union Of India Through The Secretary Department Of Revenue Ministry Of Finance

2025-04-22Hon'Ble Shri Justice B.P. Colabawalla , Hon'Ble Shri Justice Firdosh Phiroze Pooniwalla3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1959 OF 2025 PI Industries Limited .. Petitioner

Versus

Digitally signed by UDAY SHIVAJI JAGTAP Date:

2025.04.23 18:33:48 +0530 The Union of India, Through the Secretary Department of Revenue Minsitry of Finance .. Respondent UDAY SHIVAJI JAGTAP Mr. Jas Sanghavi i/b PDS Legal, Advocates for the Petitioner. Mr. Ram Ochani a/w Mr. Harshad Shingnapurkar, Advocates for the Respondent.

CORAM: B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ.

DATE:

P. C.

1.

By an Order dated 2nd April 2025, we had disposed of the above Writ Petition by passing certain directions. One of the directions was that the consignment imported by the Petitioner under Bill of Entry No. 7342173 dated 19th December 2024 shall be provisionally released on a bond executed by the Petitioner in the format required by the Customs Department. We had clarified that this provisional release shall be done within a period of one week of the Petitioner executing the aforesaid bond. We had also clarified

that the Customs Department shall not insist on the Petitioner furnishing any security, either by way of Bank Guarantee or otherwise, other than furnishing the aforesaid bond, for the reasons more particularly set out in the said order. 2.

As far as future consignments are concerned, at least until a fresh adjudication order was passed, we had directed that the same shall be provisionally released within a period of one week of furnishing a bond as mentioned earlier. We had placed the matter on board today for reporting compliance.

3.

Today when the matter is called out, we are informed that the consignment imported by the Petitioner under Bill of Entry No. 7342173 dated 19th December 2024 has in fact, been provisionally released. However, a grievance is made that future consignments which has arrived in January and February 2025 have not yet been cleared. We trust and hope that the Customs Department will honour our order which categorically states that until a fresh adjudication Order is passed, future consignments shall be provisionally released within a period of one week of furnishing a bond as mentioned in the order dated 2nd April 2025. If the Customs Department do not adhere to our order, the Petitioner is always free to approach this Court by filing contempt proceedings for violation of our order.

4.

Since the above Writ Petition is already disposed of, no further orders are now necessary.

5.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]