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2026 Supreme(Online)(Del) 1661

IN THE HIGH COURT OF DELHI AT NEW DELHI
ABDUL QUADIR VS. COMMISSIONER OF CUSTOMS
W.P.(C) 11086/2020



$~1 & 2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11086/2020 UMA SHANKER GAUR & ANR. .....Petitioners Through: Mr. R.K Kapoor, Mr. Rajat Kapoor and Ms. Nazreena Sheikh, Advs.

versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Rakesh Kumar, SPC with Mr.

Sunil, Adv. for UOI/R-1 Mr. Harin P. Raval, Sr. Adv. with Mr. Ruchir Mishra, Mr. Sanjiv Kr. Saxena, Mr. Mukesh Kr. Tiwari, Ms. Reba Jena Mishra, Ms. Urmi P. Raval, Ms. Poonam Shukla, Ms.

Shrestha Narayan, Advs. for R-3 Mr. Siddharth (Standing Counsel for EPFO) with Mr. Harshit Manwani, Ms. Himanshi Girdhar and Mr.

Deepanshu Grover, Advs. for R-4

2 + W.P.(C) 11152/2020 & CM APPL. 34789/2020 RS MUDGAL .....Petitioner Through: Mr. Sumit Goel, Ms. Sreeparna Basak and Ms. Akshita Dogra, Advs.

versus OFFICIAL LIQUIDATOR, SUPER BAZAR & ORS. .....Respondents Through: Mr. Harin P. Raval, Sr. Adv. with Mr.

Ruchir Mishra, Mr. Sanjiv Kr. Saxena, Mr. Mukesh Kr. Tiwari, Ms. Reba Jena Mishra, Ms. Urmi P. Raval, Ms. Poonam Shukla, Ms. Shrestha Narayan, Advocates for R-1 Mr. Rakesh Kumar, SPC with Mr.

Sunil, Advocate for UOI CORAM: O R D E R % 27.01.2026

1. Vide Administrative Order dated 7th March 2024, the matters were assigned to DB-I under the orders of Hon’ble the Chief Justice.

2. It appears that based on another office note dated 5th August 2025, the matters were assigned to the Roster Bench of DB-III consisting of following coram – ‘Hon'ble Mr. Justice Nitin Wasudeo Sambre and Hon'ble Mr.

Justice Anish Dayal’.

3. The Roster has undergone change and now DB-III consists of following coram – ‘Hon'ble Mr. Justice Nitin Wasudeo Sambre and Hon'ble Mr. Justice Ajay Digpaul’.

4. Today the matters are listed before the Special Division Bench presided over by ‘Hon'ble Mr. Justice Nitin Wasudeo Sambre and Hon'ble Mr. Justice Anish Dayal’.

5. Our attention is invited by the respective counsels to the order dated 27th January 2025 when the matters were listed before the Division Bench presided over by ‘Hon'ble Mr. Justice Vibhu Bakhru and Hon'ble Mr. Justice Ajay Digpaul’. Vide said order, the Hon’ble Mr. Justice Ajay Digpaul perhaps has recused himself and as such, it was directed that matters be not listed before the Bench of which, Hon’ble Mr. Justice Ajay Digpaul is a member.

6. There is one more facet to the matter that in the order of this Court dated 17th December, 2025 consisting of following coram – ‘Hon'ble Mr.

Justice Nitin Wasudeo Sambre and Hon'ble Mr. Justice Anish Dayal’, the Bench has noted that the matters were heard at length.

7. The fact remains that the arguments thereafter are not concluded and the matters need further hearing.

8. Apart from above, without prejudice, the official liquidator has given certain offer to the petitioners which is under their active consideration.

9. In that view of the matter, it will be appropriate, in our opinion, to direct the respective parties to move on Administrative side before Hon’ble the Chief Justice to seek clarification on the issue as to whether the matter should be heard by the Bench presided over by:–

a) Present Division Bench consisting of following coram – ‘Hon'ble Mr.

Justice Nitin Wasudeo Sambre and Hon'ble Mr. Justice Anish Dayal’, or;

b) Any other Bench, to be constituted by the orders of Hon’ble the Chief Justice.

10. Hence, we direct the Registry to place the matter before Hon’ble The Chief Justice for passing appropriate orders on the Administrative side.

11. Re-notify on 11th March, 2026.

12. Order be uploaded on the website of this Court.

NITIN WASUDEO SAMBRE, J ANISH DAYAL, J JANUARY 27, 2026/pr/st

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