Customs writ petitions challenging an Order-in-Original confiscating walnut kernel export consignments were disposed of by relegating the petitioners to appeal before CESTAT, with pre-deposit reduced to 3.75% following a similar earlier order involving the same parties; all objections kept open.
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.
$~74, 75, 90 to 92
Date of Decision: 18th March, 2025
versus
UNION OF INDIA & ANR. .....Respondents Through: Ms. Anushkaa Arora, Senior Panel Counsel with Mr. Sagar Belval, Advocate for UOI. (Mob: 9810570295)
Mr. Gibran Naushad, Senior Standing Counsel, CBIC with Mr. Harsh Singhal, Advocate.
75
+ W.P.(C) 3324/2025 & CM APPL. 15731/2025
RITIN NAGPAL .....Petitioner Through: Mr. A. R. Madhav Rao, Mr. Krishna Rao, Ms. Soumya Panda & Mr. Mukunda Rao, Advocates
versus
UNION OF INDIA & ANR. .....Respondents
Through: Ms. Anushkaa Arora, Senior Panel Counsel with Mr. Sagar Belval, Advocate for UOI. (Mob: 9810570295)
Mr. Ashish Goyal, Senior Panel Counsel with Mr. Anurag Singhal, Advocate for UOI (Mob: 9811029221)
Mr. Gibran Naushad, Senior Standing Counsel, CBIC with Mr. Harsh Singhal, Advocate
90
Page 1 of 6
W.P.(C) 3313/2025 & connected matters
Signature Not Verified
Signed By:RAHUL Signing Date:19.03.2025 22:49:43
91
M/S KASHMIR WALNUT OVERSEAS PVT LTD .....Petitioner Through: Mr. A. R. Madhav Rao, Mr. Krishna Rao, Ms. Soumya Panda & Mr. Mukunda Rao, Advocates versus UNION OF INDIA & ANR. ....Respondents Through: Ms. Anushkaa Arora, Senior Panel Counsel with Mr. Sagar Belval, Advocate for UOI. (Mob: 9810570295) Mr. Gibran Naushad, Senior Standing Counsel, CBIC with Mr. Harsh Singhal, Advocate. Mr. Ramjee Pandey, Senior Panel Counsel for UOI Mr. Nawal Kishore Jha, SPC for UOI with Ms. Kalpana Jha, Adv.
92
+ W.P.(C) 3346/2025 & CM APPL. 15787/2025
Page 2 of 6
W.P.(C) 3313/2025 & connected matters
Signature Not Verified
Signed By:RAHUL Signing Date:19.03.2025 22:49:43
M/S UNITED SEAIR PVT LTD .....Petitioner
Through: Mr. A. R. Madhav Rao, Mr. Krishna Rao, Ms. Soumya Panda & Mr. Mukunda Rao, Advocates
versus
UNION OF INDIA & ANR. .....Respondents Through: Ms. Anushkaa Arora, Senior Panel Counsel with Mr. Sagar Belval, Advocate for UOI. (Mob: 9810570295)
Mr. Gibran Naushad, Senior Standing Counsel, CBIC with Mr. Harsh Singhal, Advocate
CORAM:
JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA
Prathiba M. Singh, J. (Oral)
Page 3 of 6
W.P.(C) 3313/2025 & connected matters
Signature Not Verified
Signed By:RAHUL Signing Date:19.03.2025 22:49:43
The allegation in the said Show Cause Notice was that the goods which were imported were not exported back and were in fact, diverted to the domestic market. Pursuant to the said Show Cause Notice, an Order-in-Original has been passed which is impugned before this Court.
Page 4 of 6
W.P.(C) 3313/2025 & connected matters
Signature Not Verified
Signed By:RAHUL Signing Date:19.03.2025 22:49:43
connected case. In W.P.(C) 2201/2025 titled ‘ Nitin Nagpal v. Union of India & Anr.’ this Court vide order dated 20th February 2025, had directed as under:
“7. After having heard the ld. Counsels for the parties, the Court is of the view that the Petitioners ought to be relegated to avail of the remedy against the impugned Order-in-Original before the CESTAT. This Court has not examined any of the grounds which have been raised by the Petitioners. All objections are kept open. The Petitioners are free to raise all their grounds of challenge to the impugned order before CESTAT.
8. Considering the nature of the matter and the submissions made today, in the unique facts and circumstances of these cases, the pre-deposit for filing the appeal is reduced to 3.75%. This order shall not be treated as a precedent”
Page 5 of 6
W.P.(C) 3313/2025 & connected matters
Signature Not Verified
Signed By:RAHUL Signing Date:19.03.2025 22:49:43
PRATHIBA M. SINGH JUDGE
RAJNEESH KUMAR GUPTA JUDGE
MARCH 18, 2025 kk/ck
Page 6 of 6
W.P.(C) 3313/2025 & connected matters
Signature Not Verified
Signed By:RAHUL Signing Date:19.03.2025 22:49:43
1 issue framed by the court
Whether the petitioners should be relegated to CESTAT against the Order-in-Original and whether pre-deposit should be reduced.
Colour shows how this judgement treated each authority
Nitin Nagpal v. Union of India & Anr.Followed
W.P.(C) 2201/2025
1 provisions across 1 enactments
Rajan Nagpal
Union of India
M/s Kashmir Walnut Overseas Pvt. Ltd.
M/s United Seair Pvt. Ltd.
Prathiba M. Singh
Rajneesh Kumar Gupta
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
