The Court admitted the writ petition concerning customs jurisdiction and stayed show cause notices by granting interim relief similar to that granted in a previous order in the petitioner's own case.
Stay granted on impugned show cause notices pending final hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
918 WP316-24.DOC
Mohite
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
Digitally signed by TRUSHA TRUSHA TUSHAR TUSHAR MOHITE MOHITE Date: 2024.02.05 12:46:04 +0530
WRIT PETITION NO. 316 OF 2024
Karl Mayer Stoll Textilmaschinenfabrik GmbH
… Petitioner
Versus
Union of India & Ors. …Respondents
Mr.Abhishek A. Rastogi a/w Ms.Pooja M. Rastogi, Ms.Meenal Songire, Ms.Renita Alex, Mr.Jay Gupta for the Petitioner Ms.Neeti Punde a/w Ms.Mamta Omle for the Respondents
CORAM: G. S. KULKARNI &
FIRDOSH P. POONIWALLA, JJ. DATED: 01 February, 2024
P.C.
“1. At the request of learned Counsel for the Revenue, stand over to 1 February 2024. She would also take into consideration the case of the petitioner that the proceedings stand covered by the order of the Division Bench, insofar as the interim orders to be passed on the present petition are concerned, in view of the orders passed on 25 September 2023 in the petitioner's own case Karl Mayer Stoll Throukevin Socha & Anr. Vs. The Union of India, and connected matter (Writ Petition No.10561 of 2023).”
Page 1 of 2 01 February, 2024
918 WP316-24.DOC
“6. Accordingly, as purely an issue of law arises for consideration in the present proceedings which goes to the root of the authority and jurisdiction of the designated officer to issue the impugned show cause notices to a foreign entity, we would be required to hear the parties on the merits of their respective contentions, at the final hearing of the petition. Hence, Rule, Respondents waive service.
(FIRDOSH P. POONIWALLA, J.) (G. S. KULKARNI , J.)
Page 2 of 2 01 February, 2024
1 issue framed by the court
Whether the designated officer had jurisdiction to issue show cause notices to a foreign entity under Section 1(2) of the Customs Act as it stood prior to the 2018 amendment.
Colour shows how this judgement treated each authority
Karl Mayer Stoll Throukevin Socha & Anr. Vs. The Union of IndiaReferred¶16
Karl Mayer Stoll Throukevin Socha & Anr. Vs. The Union of India (Writ Petition No.10561 of 2023)
1 provisions across 1 enactments
Karl Mayer Stoll Textilmaschinenfabrik GmbH
Union of India
G. S. Kulkarni
Firdosh P. Pooniwalla
As recorded by the court registry
10 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
