Unique Organics Limited And Anr vs Union Of India And Ors
2023 Latest Caselaw 2797 Cal/2

OD -5

                               ORDER SHEET
                             WPO/1671/2023
                     IN THE HIGH COURT AT CALCUTTA
                    CONSTITUTIONAL WRIT JURISDICTION
                              ORIGINAL SIDE

                  UNIQUE ORGANICS LIMITED AND ANR.
                                 VS
                       UNION OF INDIA AND ORS.

  BEFORE:
  The Hon'ble JUSTICE MD. NIZAMUDDIN
  Date: 4th October, 2023.
                                                                      Appearance:
                                                       Mr. Agnibesh Sengupta, Adv.
                                                        Ms. Sananda Ganguli, Adv.
                                                                ...For the Petitioner
                                                           Mrs. Smita Das De, Adv.
                                                            ...for the Union of India
                                                             Mr. Kaushik Dey, Adv.
                                                            Mr. Tapan Bhanja, Adv.
                                                           ...For Customs Authority



        The Court: By this writ petition, petitioner has challenged the

constitutionality and validity of the impugned notification no. 49/2023-

Customs dated 25th August, 2023 being annexures P-3 and P-4 to the writ

petition and in support of his contention for the purpose of interim order

petitioner has relied on two unreported decisions of the Hon'ble Bombay

High Court dated 12th September, 2023 in the case of M/s Saket Foods, thr.

its Authorised Signatory Mr. Anuj Agrawal and others vs. The union of India

(UOI), thr. its Secretary and others (Writ Petition No. 6058 of 2023) and the

judgment of the Hon'ble Gujarat High Court dated 31st August, 2023 in the

case of M/s Hrmm Agro Overseas Pvt. Ltd. vs. Union of India (R/Special

Civil Application No. 15113 of 2023).
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      Mr. Dey, learned advocate appearing for the respondent Customs

Authority shall take appropriate specific instruction in the matter as to

whether the case of the petitioner is covered by the aforesaid two judgments.

List this matter on 5th October, 2023 for consideration.

(MD. NIZAMUDDIN, J.)

TR/