Shiv Shakti Enterprises Through Its Proprietor Mr Mahender Singh v. Union Of India Through The Secretary Ministry Of Law And Justice

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12630 OF 2025 Shiv Shakti Enterprises through its Proprietor Mr. Mahender Singh ... Petitioner

Versus

Union Of India Thru. Its Secretary Ministry of Law and Justice And Ors ... Respondents _______ Mr. Sujay Kantawala, Mr. Prasannan Namboodiri, Ms. Aishwarya Kantawala a/w Jeffry Caleb, Mr. Ayush Jha for the Petitioner. Mr. Jitendra B. Mishra a/w Ms. Sangeeta Yadav, Mr. Rupesh Dubey, Mr. Ashutosh Mishra for Respondent Nos. 2 to 4 in both matters. Mr. Satyaprakash Sharma a/w Mr. Abhishek Mishra, Ms. Vaishali Malekar for Respondent No.6.

_______

CORAM:

G. S. KULKARNI & AARTI SATHE, JJ.

DATE:

26 FEBRUARY 2026 P.C.

1.

This Petition under Article 226 of the Constitution of India is filed praying for the following reliefs.

a. That this Hon'blc Court be pleased to issue the Writ of Certiorari or the writ in the nature of Certiorari or any other appropriate writ, order or direction calling for the record and proceedings of the case and after going into the legality, propriety and validity thereof and pass appropriate orders directing the Respondent No. 3 to 6 to release the impugned goods imported and covered by Bill of Entry No. 3354589 dated 19.07.2025 (Exhibit B) and Bill of Entry No. and 3549232 dated 28.07.2025 (Exhibit C) unconditionally;

b.

That this Hon'ble Court may be pleased to issue a Writ of Mandamus or a Writ in the nature of Mandamus or any other Digitally signed by MANE SONALI DILIP Date:

2026.02.27 20:01:14 +0530 MANE SONALI DILIP

appropriate writ, order or direction ordering and directing the Respondent No. 3 to 6, their servants, sub-ordinates and agents: i, to forthwith lift the seizure of the goods imported and py covered by Bill of Entry No. 3354589 dated 19.07.2025 a2 (Exhibit B) and Bill of Amniry No. and 3549232 dated on No. 28.07.2025 (Exhibit C) and unconditionally release the same; ii, to issue Detention-cum-Demurrage Waiver Certificate for the complete period of the detention/seizure of the goods imported and covered by Bill of Entry No. 3354589 dated 19.07.2025 (Exhibit B) and Bill of Entry No. and 3549232 dated 28.07.2025 (Exhibit C);

c. That pending hearing and disposal of the instant Writ Petition, restrain the Respondents from adopting any coercive action or otherwise, directly or indirectly, pursuant to the impugned Seizure Memo dated 22.08.2025 (Exhibit A) and direct the Respondent No. 3 to 6, their servants, sub-ordinates and agents: i. to lift the seizure of the goods imported and covered by Bill of Entry No. 3354589 dated 19.07.2025 (Exhibit B) and Bill of Entry No. and 3549232 dated 28.07.2025 (Exhibit C) and unconditionally release the same;

ji. to issue Detention-cum-Demurrage Waiver Certificate for the complete period of the detention/seizure of the goods imported and covered by Bill of Entry No. 3354589 dated 19.07.2025 (Exhibit B) and Bill of Entry No. and 3549232 dated 28.07.2025 (exhibit C);

d. That this Hon'ble Court may be pleased to grant interim and adinterim reliefs in terms of prayer clause'(c) above. e. That this Hon'ble Court may be pleased to direct that the Petitioner be awarded costs.

f. Such further and other reliefs be granted to the Petitioner as this Hon'ble Court may deem proper and fit in the nature and circumstances of the case.

2.

Reply affidavit to the Petition has been placed on record. We proceeded with the hearing of the Petition, however, Mr. Kantawala, learned counsel for the Petitioner, on instructions, fairly seeks leave to withdraw this Petition. 3.

Writ Petition is allowed to be withdrawn.

4.

At this stage Mr. Kantawala would submit that the goods have been seized, he requests that all rights and contentions of the Petitioner in regard to making any application for sale or realization of the value of the goods be kept open. We accept the request, if so permissible in law. 5.

Disposed of as withdrawn. No costs.

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