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Bombay High CourtIA/7829/2025disposed off

Humiseal India Pvt. Ltd. v. Commissioner Of Customs, Ns-Ii Centralized Export Assessment Cell And ORS

2025-05-05Hon'Ble Shri Justice G. S. Kulkarni , Hon'Ble Justice Advait M. Sethna2 pages

505-IA-7829-2025.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 7829 OF 2025 IN WRIT PETITION NO. 1693 OF 2025 Humiseal India Pvt. Ltd.

...Applicant/Petitioner

Versus

Commissioner of Customs, NS-II Ors.

...Respondents

_______ Mr. Venkatesh Dhond, Sr. Adv. a/w Mr. Sahil Kanuga, Ms. Sara Sundaram, Ashutosh Thipsay & Nikhil Kansal i/b Cyril Amarchand Mangaldas for Applicant/Petitioner.

Mr. Subir Kumar i/b Ms. Ashita Aggarwal for Respondent Nos.2. Mr. Subir Kumar a/w Ms. Megha Bajorai, Ashita Aggarwal for Respondent No.3.

_______

CORAM:

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

DATE:

05 MAY 2025 P.C.

1. Not on board. Upon mentioning, taken on board as a praecipe as moved on behalf of the Applicant.

2. This is an application seeking leave to amend the petition. The petition is at the stage of admission. Having perused the averments as made in the petition, we permit the petitioners to amend the petition in terms of the schedule of amendment. Let amendment be carried out within one week from today. Amended copy of the petition be served on the respondents. 05 May 2025 Kiran Kawre

505-IA-7829-2025.DOC Reply affidavit to the amended petition be placed on record on or before the adjourned date of hearing.

3. Stand over to 18 June 2025.

4. At this stage, we are informed that recently an order dated 30 April 2025 is passed by respondent No.1 which is also sought to be challenged by the petitioner in the amendment which we have permitted hereinabove. The petitioner is permitted to raise a challenge to the said order making appropriate averments and grounds in that regard.

5. Mr. Dhond, on instructions would submit that the penalty of Rs. 3,00,000/- as imposed by the said order shall be paid by the petitioner without prejudice to the rights and contentions which are being urged in this petition.

(ADVAIT M. SETHNA, J.) (G. S. KULKARNI, J.) 05 May 2025 Kiran Kawre