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Bombay High Court

M/S. MARTHA CORPORATION THR AUTH REP. SUDARSHAN MARTHAversusTHE UNION OF INDIA THROUGH SECRETARY, MINISTRY OF FINANCE (DEPT. OF REVENUE) AND ORS

Decided
Disposal
Disposed Off

Holding

The Court ordered the appellate authority to hear the pending appeal within six weeks and disposed of the writ petition.

Summary

M/s. Martha Corporation filed a writ petition seeking the release of five imported refurbished ventilators that had been confiscated under Section 111(d) of the Customs Act, 1962, and the quashing of the confiscation order. The petitioner argued that the ventilators have a useful life of six to eight years and that the appeal filed before the Commissioner of Customs (Appeals) under Section 128(1) had remained pending for over a year and a half. The respondents opposed the relief, but the Court noted that the appeal was already pending and required prompt adjudication. The Court directed the appellate authority to hear and decide the appeal within six weeks of the order. Consequently, the writ petition was disposed, leaving the matter to be resolved by the appellate authority.

Issues considered

  • Whether the order of confiscation under Section 111(d) of the Customs Act, 1962, should be quashed.
  • Whether the pending appeal under Section 128(1) of the Customs Act, 1962, must be heard expeditiously.

Legislation cited

Subjects

  • customs
  • confiscation
  • ventilators
  • appeal
  • expeditious hearing
  • Section 111(d)
  • Section 128(1)
  • writ petition

Judgment

                                                             2-WP-2136-2026.doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

               WRIT PETITION NO. 2136 OF 2026
M/s. Martha Corporation                      .....Petitioner
            Versus
The Union of India, Through Secretary and Ors.           .....Respondents

                                   .....
Mr. Virat Agarwal, for the Petitioner.

Ms. Shruti Vyas a/w Mr. Abhishek Mishra, for the Respondent Nos.1
to 3.
                               ..…

                                     CORAM : M. S. KARNIK &
                                             SANDESH D. PATIL, JJ.
                                     DATE   : 29th AUGUST 2026


P.C.:-

1.        An affidavit-in-reply filed the Respondents is taken on record.


2.        Heard learned Counsel for the Petitioner.


3.        By the present Petition, the Petitioner seeks direction to

Respondent No.3-The Commissioner of Customs (Import), to release

the five imported refurbished ventilators to the Petitioner and pay all

costs incidental to the release of imported goods. It is further prayed

that the Order of confiscation under Section 111(d) of the Customs


Manisha                                                                   1/3
               Digitally signed by
MANISHA        MANISHA
               BALKRISHNA
BALKRISHNA     TALEKAR
TALEKAR        Date: 2026.08.29
               16:31:36 +0530
                                                           2-WP-2136-2026.doc


Act, 1962 dated 28th December, 2024 passed by the Respondent No.3

be quashed.


4.        It is the submission of learned Counsel for the Petitioner that

the life span of the imported refurbished ventilators is atleast six to

eight years. It is further submitted that as a result of the confiscation,

an Appeal was filed before the Respondent No.2-The Commissioner

of Customs (Appeals) under Section 128(1) of the Customs Act,

1962. However, it is the grievance of the Petitioner that the said

Appeal has not been heard for last one and a half year. It is therefore

prayed that, this Court grant appropriate reliefs since the Order of

confiscation is contrary to the provisions of law as per the grounds

set out in the Petition.


5.        We have heard learned Counsel for the Respondent Nos.1 to 3.


6.        In the present case, we are satisfied that since the Appeal has

been already filed, the same needs to be heard expeditiously having

regard to the various contentions raised by learned Counsel for the

Petitioner. Accordingly, we request the Appellate Authority to hear

and decide the Appeal of the Petitioner as expeditiously as possible



Manisha                                                                 2/3
                                                        2-WP-2136-2026.doc


and in any case within a period of six weeks from the date of

communication of this Order.


7.        In view of above and keeping all contentions of the parties

open, Writ Petition No.2136 of 2026 stands disposed of.




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




Manisha                                                              3/3


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