KALE LOGISTICES SOLUTIONS PVT LTD THR AUTHORISED REPRESENTATIVE SHRIPAD INAMDAR vs UNION OF INDIA THR THE SECRETARY MINISTRY OF LAW AND JUSTICE DEPT. AND ORS

Judgment text excerpt

4-WP-10018-24.DOCX rsk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10018 OF 2024 Kale Logistics Solutions Pvt. Ltd. …Petitioner Versus Union of India & Ors …Respondents ______________________________________________________ Mr. Amey Nargolkar a/w. Akshta Jadhav, for the Petitioner. Ms. Sangeeta Yadav a/w. Ms. N. Trivedi and Mr. Subir Kumar (through V/C), for the Respondent. ______________________________________________________ CORAM M.S. Sonak & Jitendra Jain, JJ. DATED: 22 JULY 2025 Oral Judgment: (Per M. S. Sonak) 1. Heard learned Counsel for the parties. 2. This Petitioners challenge the impugned Order-In- Original dated 5 December 2023. This Petition was kept pending because of the pendency of Review Petition No. 400 of 2021 before the Hon’ble Supreme Court in the case of Canon India Private Limited (Civil Appeal No. 1827 of 2018) wherein the Hon’ble Supreme Court had held that DRI officers cannot be considered as “proper officer” for issuing the show cause notice. 3. The Supreme Court vide its order dated 7 November 2024 has disposed of the review petition by observing that Page 1 of 8 4-WP-10018-24.DOCX decision passed in the Canon India Private Limited (Supra) did not consider the notification and provisions of law since same was not brought to their notice. The Supreme Court in review petition held that DRI officer is a “proper officer” for issuing show cause notice. The Supreme Court also upheld the Validation Act by which amendment, the DRI officers were empowered to issue show cause notice. Now that the review petition filed by the revenue has been allowed, the petition is taken up for disposal. 4. The reasons recorded in paragraph 168 of the Hon’ble Supreme Court’s order dated 7 November 2024, is reproduced below