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Bombay High CourtWP/5692/2025disposed off

Sanwaria Trends Pvt. Ltd. And ANR v. Union Of India And ORS

2026-02-04Hon'Ble Shri Justice G. S. Kulkarni , Hon'Ble Ms Justice Aarti A. Sathe2 pages

6.WP.5692.2025.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5692 OF 2025

1. Sanwaria Trendz Private Limited

2. Hitesh Mangubhai Rathod Petitioners versus

1. Union of India

2. Commissioner of Customs (Nhava Sheva-II),

3. Deputy Commissioner of Customs (Nhava Sheva-II),

4. Asstt.Commissioner of Customs (Nhava Sheva-II),

5. Central Board of Indirect Taxes and Customs

6. Directorate General of Analytics and Risk Management (DGARM) Respondents _______ Mr.Saakshat Pelekar for Petitioner.

Ms.Raju R.Thakker with Mr.Priyanshu Doshi for Respondents. _______

CORAM:

G. S. KULKARNI & AARTI SATHE, JJ.

DATE:

4th February 2026 P.C.

1.

This petition under Article 226 of the Constitution of India is filed praying for following substantive reliefs :

"a. that this Hon'ble Court be pleased to issue a writ of mandamus, or a writ in the nature of mandamus or any other appropriate writ, order or direction thereby directing Respondent no.5 to forthwith remove the `active alert' inserted against Petitioner no.1's ImporterExport Code No.5214015348, flagging the said Importer-Exporter Code as `Risky Exporter';

b.

that this Hon'ble Court be pleased to issue a writ of mandamus, or a writ in the nature of mandamus or any other appropriate writ, order or direction thereby directing Respondent no.4 to forthwith remove the suspension of Duty Drawback and RoSCTL against Petitioner no.1's Importer-Exporter Code No.5214015348." MANISH SURESHRAO THATTE Date: 2026.02.07 15:35:02 +0530 MANISH SURESHRAO THATTE M.S.Thatte

6.WP.5692.2025.DOC 2.

At the outset the learned counsel for Revenue states that she has received instructions in the form of an e-mail addressed to her dated 3rd February 2026 whereby the concerned Department (Drawback Section, NS-II, JNCH, Nhava Sheva) informs that Drawback Scroll No.163707, dated 26th September 2025 and ROSCTL Scroll No.163739 dated 26th September 2025 has been generated in respect of Shipping Bill No.3932328, dated 11th September 2024. 3.

In this view of the matter, as the active alert has been withdrawn, further adjudication of the present petition is not called for. Copy of e-mail is taken on record and marked "X" for identification. 4.

Needless to state that except what has been stated above, we have not gone into any other contentions as raised in the petition. 5.

In this view of the matter, due to removal of suspension of Duty Drawback and RoSCTL against Petitioner no.1's Importer-Exporter Code No.5214015348, all consequential benefits would become entitled to the Petitioners.

6.

Petition is disposed of. No costs.

(AARTI SATHE, J.) (G. S. KULKARNI, J.) M.S.Thatte