Heard together (3 matters)
WP NO.33823/2024
WP NO.33844/2024
WP NO. 33855/2024
Read from the judgment's own cause title. This page is filed under one of them.
Cause title — parties, addresses and appearances
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HC-KAR
NC: 2026:KHC:2210-DB
CCC No. 742 of 2025
C/W CCC No. 743 of 2025
CCC No. 744 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JANUARY, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
CIVIL CONTEMPT PETITION NO. 742 OF 2025
C/W
CIVIL CONTEMPT PETITION NO. 743 OF 2025
CIVIL CONTEMPT PETITION NO. 744 OF 2025
IN CCC No. 742/2025
BETWEEN:
1.
M/S. VAIBHAV INTERNATIONAL
GST-29AHZPC6908M1ZG
AN UNREGISTERED PROPRIETARY FIRM
REPRESENTED BY PROPRIETOR
JITENDRA KUMAR CHAJER
AGED ABOUT 42 YEARS
S/O BIMAL KUMAR
NO.402, PID NO. 28-95-8/126, 2ND FLOOR
NO.8, KEMPEGOWDA ROAD
BHOOMIKA THEATRE
GANDHI NAGAR
BENGALURU-560009
…COMPLAINANT
(BY SRI SHASHWATH S PRAKASH.,ADVOCATE)
AND:
1.
SURENDRA PAUL SINGH
THE COMMISSIONER OF CUSTOMS
Digitally
signed by
SRIDEVI S
Location:
High Court
of Karnataka
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HC-KAR
NC: 2026:KHC:2210-DB
CCC No. 742 of 2025
C/W CCC No. 743 of 2025
CCC No. 744 of 2025
CITY CUSTOMS COMMISSIONERATE
C R BUILDING
QUEENS ROAD
BENGALURU-560001
2.
R. MANJUNATHA
ASSISTANT COMMISSIONER OF CUSTOMS
OFFICE OF THE ADDITIONAL COMMISSIONER
OF CUSTOMS
INLAND CONTAINER DEPOT, WHITEFIELD
BANGALORE-560066
…ACCUSED
(BY SRI ARVIND K KAMATH, ASGI A/W
SRI UNNIKRISHNAN M, CGSC)
THIS CCC IS FILED UNDER ARTICLE 215 OF THE
CONSTITUTION AND SECTIONS 11 AND 12 OF THE CONTEMPT
OF
COURTS
ACT,
1971,
PRAYING
TO
ALLOW
THIS
PETITION/COMPLAINT AND HOLD THE ACCUSED NO.1 AND 2
GUILTY OF THE OFFENCE OF CONTEMPT FOR WILLFUL
DISOBEDIENCE OF INTERIM ORDER IN WP NO.33823/2024
29.04.2025 (ANNEXURE-D) AND PUNISH THEM TO MAXIMUM AS
PER LAW AND ETC.
IN CCC NO. 743/2025
BETWEEN:
1.
M/S V V ASSOCIATES
GST-29AASFV7652F1ZF
UNREGISTERED PARTNERSHIP FIRM
REPRESENTED BY PARTNER
MR. NACHIMUTHU VIJAY KUMAR
AGED ABOUT 49 YEARS
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HC-KAR
NC: 2026:KHC:2210-DB
CCC No. 742 of 2025
C/W CCC No. 743 of 2025
CCC No. 744 of 2025
S/O NACHIMUTHU
NO.106/B, 46TH CROSS ROAD
RAJAJI NAGAR
BENGALURU-560010
...COMPLAINANT
(BY SRI. SHASHWATH S PRAKASH., ADVOCATE)
AND:
1.
SURENDRA PAUL SINGH
THE COMMISSIONER OF CUSTOMS
CITY CUSTOMS COMMISSIONERATE
CR BUILDING, QUEENS ROAD
BANGALORE -560001
2.
R MANJUNATHA
ASSISTANT COMMISSIONER OF CUSTOMS
OFFICE OF THE ADDITIONAL COMMISSIONER
OF CUSTOMS
INLAND CONTAINER DEPOT, WHITEFIELD
BANGALORE -560066
...ACCUSED
(BY SRI ARVIND K KAMATH, ASGI A/W
SRI UNNIKRISHNAN M, CGSC)
THIS CCC IS FILED UNDER ARTICLE 215 OF THE
CONSTITUTION AND SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, 1971, PRAYING TO ALLOW THIS
PETITION/COMPLAINT AND HOLD THE ACCUSED NO.1 AND 2
GUILTY OF THE OFFENCE OF CONTEMPT FOR WILLFUL
DISOBEDIENCE OF INTERIM ORDER IN WP NO.33844/2024
DATED 29.04.2025 (ANNEXURE-D) AND PUNISH THEM TO
MAXIMUM AS PER LAW AND ETC.
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HC-KAR
NC: 2026:KHC:2210-DB
CCC No. 742 of 2025
C/W CCC No. 743 of 2025
CCC No. 744 of 2025
IN CCC NO. 744/2025
BETWEEN:
1.
M/S HOPE IMPEX
GST-29KTWPS3379K1Z5
AN UNREGISTERED PROPRIETARY FIRM
REPRESENTED BY PROPRIETOR
SATHISH KUMAR R
AGED ABOUT 36 YEARS
S/O RAJI
NO.44, ABBAYAPPA COMPOUND
NEAR KARNATAKA BANK
CHANNASANDRA
BENGALURU- 560007
...COMPLAINANT
(BY SRI SHASHWATH S PRAKASH, ADVOCATE)
AND:
1.
SURENDRA PAUL SINGH
THE COMMISSIONER OF CUSTOMS
CITY CUSTOMS COMMISSIONERATE
CR BUILDING, QUEENS ROAD
BANGALORE -560001
2.
R MANJUNATHA
ASSISTANT COMMISISONER OF CUSTOMS
OFFICE OF THE ADDITIONAL COMMISSIONER
OF CUSTOMS
INLAND CONTAINER DEPOT
WHITEFIELD
BANGALORE-560066
...ACCUSED
(BY SRI ARVIND K KAMATH, ASGI A/W
SRI UNNIKRISHNAN M, CGSC)
- 5 -
HC-KAR
NC: 2026:KHC:2210-DB
CCC No. 742 of 2025
C/W CCC No. 743 of 2025
CCC No. 744 of 2025
THIS CCC IS FILED UNDER ARTICLE 215 OF THE
CONSTITUTION AND SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, 1971, PRAYING TO ALLOW THIS
PETITION/COMPLAINT AND HOLD THE ACCUSED NO.1 AND 2
GUILTY OF THE OFFENCE OF CONTEMPT FOR WILLFUL
DISOBEDIENCE OF INTERIM ORDER IN WP NO. 33855/2024
DATED 29.04.2025 (ANNEXURE-D) AND PUNISH THEM TO
MAXIMUM AS PER LAW AND ETC.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MR. JUSTICE C.M. POONACHA
ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1.The complainants have filed their respective complaints alleging willful disobedience of the order inasmuch as the respondent had not released the goods in question, in conformity with the orders passed in their respective writ petitions.
2.The learned Additional Government Advocate appearing for the accused submits that the issue involved was whether the condition to deposit 25% of the value was required to be construed as 25% of the assessed value or the declared value. HC-KAR NC: 2026:KHC:2210-DB CCC No. 742 of 2025 C/W CCC No. 743 of 2025 CCC No. 744 of 2025
3.It is stated that a clarification in this regard was sought and granted by the Co-ordinate Bench of this Court. The Division Bench has issued a clarification as to the quantum of the amount required to be deposited for provisional release. However, thereafter the writ petition has been heard by the learned Single Judge and the orders have been reserved.
4.In this view, the present complaints do not survive.
5.Clearly if the complainants comply with the condition of release as clarified by the Division Bench, and the concerned Authority do not release the goods in question, the complainants would be at liberty to revive the present complaint or file a fresh petition. It would be equally open for the complainants to take their remedies in the event they prevail in the writ petitions and the said orders are not complied with.
6.The complaints are closed with the aforesaid observations. (VIBHU BAKHRU) CHIEF JUSTICE (C.M. POONACHA) JUDGE , List No.: 2 Sl No.: 10
