Bombay High Court
Amar Hydrocarbon Pvt LtdversusUnion of India
- Decided
- Disposal
- Disposed Off
Holding
The earlier judgment is binding, and the Union of India must release the goods within the stipulated time.
Summary
The petitioner, Amar Hydrocarbon Pvt. Ltd., filed a writ petition seeking an order directing the Union of India and its officials to release a consignment of goods covered by Bill of Entry No. 7182173 dated 3 August 2023. The petitioner relied on a prior judgment of the same court in Writ Petition No. 6562 of 2026 (Anmol Singh Sethi v. Union of India) asserting that the earlier decision was directly applicable. The respondent argued that the earlier judgment also covered the present case, effectively conceding the applicability of the precedent. The Court examined whether the earlier judgment created a binding precedent obligating the customs authorities to clear the goods in the absence of any contrary order from a superior court. Finding the precedent applicable, the Court allowed the petition and directed the respondents to clear the consignment within four weeks of receipt of the order. No further matters remained for consideration and the petition was disposed accordingly.
Issues considered
- Whether the earlier judgment in Writ Petition No. 6562 of 2026 is binding on the present petition for the release of goods covered by a bill of entry.
- Whether the Union of India and its officials are obligated to clear the consignment in the absence of a contrary order from a superior court.
Subjects
- customs clearance
- bill of entry
- writ petition
- precedent
- release of goods
- Union of India
Judgment
Digitally
27-WP-8580-2026.doc
signed by
RUPALI
RUPALI RAJESH
RAJESH WAKODIKAR
WAKODIKAR Date:
2026.09.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
13:44:49
+0530
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 8580 OF 2026
Amar Hydrocarbon Pvt.Ltd. ...Petitioner
Versus
The Union of India ...Respondent
Mr. Ramchandra Mattiyil a/w Savi Lodam & Abhijith Hariharan i/b
Swamy Associates for the Petitioner.
Mr. Jitendra Mishra a/w Ms. Sangeeta Yadav for the Respondent.
CORAM : M. S. KARNIK &
SANDESH D. PATIL JJ.
DATE : 8st SEPTEMBER, 2026
P.C. :
1. The petitioner is seeking direction against the respondent
Nos. 2 and 3, and their subordinates, to forthwith release the goods
covered under the bill of entry No. 7182173 dated 3rd August, 2023.
2. The learned counsel appearing for the petitioner relied
upon the Judgment of this court in Writ Petition No. 6562 of 2026,
Anmol Singh Sethi, proprietor of Ideal Impex V/s Union of India,
dated 16th June, 2026. He states that his case is squarely covered by
Wakodikar 1/2
27-WP-8580-2026.doc
this Judgment.
3. The learned Counsel, Mr. Jitendra Mishra, fairly submits
that the petitioner's case is covered by the aforesaid judgment.
4. In these premises, we allow the present petition in terms
of prayer clause (a).
5. The respondents are directed to clear the consignment of
the petitioner unless there is any order passed by the superior Court
to the contrary. The said exercise be carried out as expeditiously as
possible, but not later than four weeks from the date of receipt of the
authenticated copy of this order.
6. With the aforesaid directions, nothing remains for further
consideration in this writ petition.
7. Petition disposed of accordingly.
(SANDESH D. PATIL, J.) (M. S. KARNIK, J.)
Wakodikar 2/2
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