M/S Khatau Narbheram And Company, Gurugram vs. Assistant Commissioner Of Customs, Paradeep Customs Division, Jagatsinghpur

WP(C)/34371/2025HC OrissaGSTCNR ODHC01086304202511 December 2025Bench: MR. JUSTICE HARISH TANDON (CJ),MR. JUSTICE MURAHARI SRI RAMAN4 pages
AI SummaryAllowed

Held

The Court held that an authority cannot dismiss a proceeding based solely on the contemplation of filing an appeal against a binding judgment. The proceeding should have been kept in abeyance pending the outcome of any appeal.

Facts

The petitioner sought a refund of excess custom duty with interest due to a belated adjudication. The authority rejected the claim based on the department's contemplation to file a Special Leave Petition against a binding High Court judgment.

Key Issues

Whether an authority can reject a claim based on the department's intention to challenge a binding High Court judgment. The binding nature of High Court decisions on subordinate authorities.

Sections Cited

None explicitly mentioned

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
Page 1 of 4 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.34371 of 2025 M/s. Khatau Narbheram and Company, Gurugram, Haryana …. Petitioner Mr.Parth Parikh, Advocate along with Mr.Mukesh Panda, Advocate -versus- Assistant Commissioner of Customs , Paradeep Customs Division, Jagatsinghpur, Odisha and others …. Opposite Parties Mr. Sujan Kumar Roy Choudhury, Senior Standing Counsel , GST & Central Excise & Customs CORAM: THE HON’BLE THE CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE MURAHARI SRI RAMAN Order No.

ORDER 11.12.2025 01. 1. The memo of appearance filed by Mr.Parth Parikh, Advocate to argue the case on behalf of petitioner is taken on record. Similarly, the memo of appearance of Mr.Sujan Kumar Roy Choudhury, learned Senior Standing Counsel appearing on behalf of Central Excise and Customs is taken on record.

2.

The instant writ petition is taken out at the admission stage on the basis of an undisputed facts emanating from the record. The proceeding for refund of an excess custom duty with interest was initiated b

The judgment continues below.

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