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Bombay High Court

DILKUSH BABEL SON OF ANNARAJ BABELversusUNION OF INDIA THR CENTRAL GOVT AND ANR

Decided
Disposal
Disposed Off

Holding

The writ petition is disposed of, with the petitioner directed to file a statutory appeal under the Customs Act without limitation objection.

Summary

The petitioner, Dilkhush Babel, challenged an order that allegedly failed to consider his reply to a show‑cause notice, alleging a breach of natural justice. The respondents relied on a prior decision in Ankush Jain v. Union of India (Writ Petition No.2632 of 2026) which addressed identical contentions. The Court examined the earlier precedent and found that the same reasoning applied, leading to the dismissal of the present writ petition. However, the Court granted the petitioner liberty to file a statutory appeal under the Customs Act within three weeks, expressly waiving any limitation objection due to his bona‑fide pursuit of the writ. All parties' contentions were kept open for consideration on the merits of the appeal.

Issues considered

  • What constitutes a breach of natural justice when a reply to a show‑cause notice is not considered?
  • Whether the petitioner should be directed to pursue a statutory appeal under the Customs Act instead of the writ remedy.

Legislation cited

Subjects

  • natural justice
  • show cause notice
  • statutory appeal
  • Customs Act
  • writ petition
  • limitation
  • High Court of Bombay

Judgment

2026:BHC-AS:33827-DB


                Bhogale                                                    11.wp-10235-2026.odt



                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION

                                 WRIT PETITION NO.10235 OF 2026

               Dilkhush Babel                                       … Petitioner
                    Versus
               Union of India and ors.                              .… Respondents

                                             ****
               Adv. Brijesh Pathak a/w Adv. Anjali Joshi, Adv. Dulraj Jain, for the
               petitioner.
               Adv. Karan Adik a/w Adv. Sangeeta Yadav, for the respondents.
                                             ****
                                           CORAM : M. S. KARNIK &
                                                       SANDESH D. PATIL, JJ.

                                                 DATE :    17th AUGUST 2026

               P.C. :


               1.          Heard learned counsel for the parties.

               2.          Learned counsel for the petitioner was at pains to point

               out that none of the contentions in the reply to the show cause

               notice have been dealt with by the authority as can be seen from

               the impugned order in original.        It is submitted that this is in

               breach of the principles of natural justice. Learned counsel for the

               respondents invited our attention to the order dated 05/03/2026

               passed by this Court in Ankush Jain vs. Union of India and others


                                                1
                              Bhogale                                                 11.wp-10235-2026.odt



                           in Writ Petition No.2632 of 2026. We have perused the order.

                           The very same stand taken by the petitioner in this writ petition

                           was the subject matter of consideration in Ankush Jain (supra).

                           What is under challenge is the order in original also in respect of

                           the petitioner.

                           3.           In such view of the matter, for the same reasons as in

                           Ankush Jain (supra), the present writ petition is also disposed of.

                           The writ petition is accordingly disposed of with liberty to the

                           petitioner to avail the statutory remedy of appeal as provided

                           under the Customs Act. Let such appeal be filed within a period of

                           three weeks and the same be considered on its own merits,

                           without raising an objection as to limitation for the reason that the

                           petitioner was bonafide pursuing the present writ petition.

                           4.           All contentions of the parties are expressly kept open.

                           5.           The writ petition is disposed of.




                           (SANDESH D. PATIL, J.)                               (M. S. KARNIK, J.)




Signed by: Pradnya Bhogale
Designation: PA To Honourable Judge
Date: 17/08/2026 17:24:35                                     2


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