ILA Biomarine Private Limited through Vivek Narayan Kadam vs The Union Of India

Judgment text excerpt

12-WP-1400-25-FI.DOCX rsk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1400 OF 2025 ILA Biomarine Private Limited through … Petitioner Vivek Narayan Kadam Versus The Union of India and Ors. … Respondents ______________________________________________________ Ms. Pallavi Singhal a/w. Mr. Sukrut Mhatre, for Petitioner. Mr. Karan Adik a/w. Ms. Sangeeta Yadav, for Respondent. ______________________________________________________ CORAM : M. S. Sonak & Jitendra Jain, JJ. DATED : 2 September 2025 PC:- 1. Heard learned counsel Ms. Singhal for the petitioner and Mr. Adik, learned counsel for the Respondent. 2. The Rule is made returnable immediately at the request of and with the consent of learned counsel for the parties. 3. The petitioner challenges the impugned Order in Original (O-I-O) dated 23 January 2025, inter alia, on the grounds that it was issued in breach of one of the principles of natural justice, which requires that an order must be issued by the person who has provided the hearing. 4. On 25 August 2025, after hearing learned counsel for the parties, we made the following order: Page 1 of 5 12-WP-1400-25-FI.DOCX “1. Ms. Pallavi Singhal, learned Counsel for the Petitioner points out that though the impugned order is appealable, this Petition is instituted because the same has been made in breach of the principles of natural justice. She points out that hearing in this matter was granted by Mr. Prasanna V. P. Additional Commissioner of Customs. However, the impugned order has been made by Ms.Hemlata Rai, Additional Commissioner of Customs, Group II B, JNCH. She submits that this is impermissible and in any event, amounts to breach of the principles of natural justice. 2. At our request, Mr. Karan Adik has accepted