Anil Hirjee Chedda v. Union F India And ORS
by MULEY SHUBHAM PRAVINRAO Date:
2025.12.02 20:16:43 +0530 MULEY SHUBHAM PRAVINRAO 20&25-WP-13596-2025.DOCX Shubham
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13596 OF 2025 Anil Hirjee Chedda
...Petitioner
Versus
Union of India & Ors.
...Respondents
AND WRIT PETITION NO. 14000 OF 2025 Rajnikant Mehta
...Petitioner
Versus
Union of India & Ors.
...Respondents
______________________________________________________ Mr. Sujay Kantawala a/w Aishwarya Kantawala, Jeffry Caleb and Ayushi Jha for the Petitioner.
Mr. Jitendra B. Mishra a/w Sangeeta Yadav, Rupesh Dubey and Ashutosh Mishra for the Respondents.
______________________________________________________ CORAM : M.S. Sonak & Advait M. Sethna, JJ.
DATED : 01 December 2025 P.C.:- 1.
Heard learned counsel for the parties.
2.
The Petitioners challenge orders in original dated 6 March 2025 made in the adjudicating proceedings.
3.
As against the orders in original, the Petitioners have alternate and efficacious remedy of an Appeal before the CESTAT under Section 129 of the Customs Act, 1962.
4.
The Petitioners have challenged the impugned orders in original on the ground of delayed adjudication and also on merits. In
20&25-WP-13596-2025.DOCX similar circumstances, by orders made inter alia in Writ Petition No.3383 of 2025, Writ Petition (L) No.10692 of 2025 and Writ Petition No.2207 of 2024 and connected matters, we have relegated Petitioners' placed in a similar position to avail of the alternate remedy provided by the statute.
5.
Accordingly, Mr. Kantawala, based on instructions, seeks leave to withdraw these Petitions with liberty to Appeal the impugned orders in original. He states that such Appeals would be instituted within 8 weeks after complying with all legal formalities. 6.
We grant leave with liberty as prayed for. If Appeals are indeed instituted within 8 weeks then, appellate authority should dispose of such Appeals in accordance with law, no doubt within the parameters set out by the Hon'ble Supreme Court's order dated 2 May 2025 in Union of India & Ors. Vs. GMR Airport Infrastructure Ltd. (Petition for Special Leave to Appeal (c) No.5392 of 2025), without adverting to the limitation issue.
7.
All contentions of all parties, including the contentions regarding alleged failure of natural justice now raised in these Petitions are expressly left open.
8.
The Petitions are disposed of as withdrawn with liberty in the above terms. No costs. All concerned to act upon an authenticated copy of this order.
(Advait M. Sethna, J) (M. S. Sonak, J.)