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2025 Supreme(Online)(Kar) 19633
KARNATAKA HIGH COURT
SURAJ GOVINDARAJ, J
NXTIFY TECHNOLOGIES PRIVATE LIMITED – Appellant
Versus
UNION OF INDIA – Respondent
WRIT PETITION NO. 28128 OF 2024
For the Appellants/Petitioners: SMT. LEKHA G.D., SMT. KAVITHA DAMODARAN
For the Respondents: SRI. M.UNNIKRISHNAN, SRI. B.S.JEEVAN KUMAR, SRI. AVINASH B.C., SRI. FRANCIS XAVIER, SRI. NISCHAL DEV
The court upheld the right to withdraw petitions seeking relief, allowing subsequent petitions to be filed in appropriate legal forums.
Headnote:(A) Articles 226 and 227 of the Constitution of India - Provisional attachment orders under Section 110(5) of the Customs Act, 1962 - Mandamus sought to disclose details of such orders and to quash where found unreasonable - Court allows withdrawal of petition reserving liberty to approach appropriate forum. (Paras 1, 3, 3, 4)
(B) The court addresses the petition for mandamus and certiorari regarding customs actions and quashing unreasonably proved attachments and notices. (Paras 1, 2, 3)
Facts of the case:
The petitioner seeks to challenge the provisional attachment orders issued under the Customs Act, alleging they are excessive and arbitrary, claiming violations of Articles 14 and 19(1)(g) of the Constitution. The petitioner later requested to withdraw the writ, seeking liberty to approach an appropriate court for relief.
Findings of Court:
The court permits the withdrawal of the petition and allows the petitioner to seek remedy before the appropriate authority.
Issues: The primary issue was whether the provisional attachment orders were unreasonable and the query on the proper forum for seeking redressal.
Ratio Decidendi: The court emphasized that the withdrawal of petitions should be favored when a petitioner wishes to pursue appropriate remedy, ensuring judicial procedures remain efficient and fair.
Result: Petition is dismissed as withdrawn, with liberty granted to approach the appropriate court.
| Table of Content |
|---|
| 1. request for records and quashing of attachment orders. (Para 1) |
| 2. withdrawal of petition respecting procedural rights. (Para 2) |
| 3. order allowing withdrawal and liberty to re-file. (Para 3) |
ORAL ORDER
1. The petitioner is before this Court seeking for following reliefs:
a. Issue a Writ of Mandamus or any other writ, order or direction under Article 226 of the Constitution of India calling for records from the respondent Nos.3, 4 and respondent Nos. 5 to 9, thereby disclosing the details of the provisional attachment orders issued under Section 110 (5) of the Customs Act, 1962 ('the Act');
b. Issue a Writ of Certiorari or any other writ, order or direction under Article 226 of the Constitution of India quashing the Provisional Attachment Order dated 24.01.2024 bearing C.No.Cus/SIIB/Misc./759/2023 (Annexure -K) issued to respondent No.6, Provisional Attachment Order dated 12.04.2024 bearing C.No.CUS/SIIB/Misc.759/2023 (Annexure-M) issued to respondent No.5, Provisional Attachment Order dated 13.09.2024 bearing C.No.CUS/SIIB/Misc.759/2023 (Annexure-V) issued to respondent No.8 and Provisional Attachment Order dated 13.09.2024 bearing C.No.CUS/SIIB/Misc.759/2023 (Annexure- W1) issued to respondent No.9 and the Provisional Attachment Order issued to respondent No.7-Bank as being unreasonable, excessive and arbitrary and violative of Articles 14 and 19(1)(g) of the Constitution;
c. Issue a Writ of Certiorari or any other writ, quashing the Show Cause Notice dated 21.08.2024 bearing C.No.CUS/SIIB/759/2023 /Part-II/2232-47 (Annexure-N), show cause notice dated 26.08.2024/27.08.2024 bearing C.No.CUS/SIIB/Misc./759/2023/ B.K. Overseas/2511-28 (Annexure-N2) issued against the petitioner, and stay all consequential proceedings/actions in lieu of the abovementioned show cause notices;
d. That this Hon'ble Court be pleased to Issue a Writ of Mandamus or a writ in the nature of Certiorari or any other writ, order or direction under Article 226 of the Constitution of India direction respondent Nos.5 to 9 (i) Unfreeze the petitioner's bank account i.e.
Current Account No.16690500167 held with respondent No.5 Bank;
(ii) Unfreeze the petitioner's Current Account No.409000538920 held with respondent No.6 Bank;
(iii) Unfreeze the petitioner's Current Account No.10110595384 held with respondent No.7 bank;
(iv) Unfreeze the petitioner's Current Account No.10110595384 held with respondent No.8 bank;
(v) Unfreeze the petitioner's Current Account No.002224000000121 held with respondent No.9 bank;
e. Issue a Writ of Mandamus or a writ in the nature of Certiorari or any other appropriate writ or order or direction under Article 226 of the Constitution of India ordering and directing the respondents, their officers and subordinates to forthwith refrain from taking any further coercive steps against the petitioner, including the withdrawal of the amounts lying in the bank account of the petitioner or proceedings in pursuance of and/or in furtherance of and/or to take any other recovery actions against the petitioner;
f. Pass such other and further relief/order(s) as the nature and circumstances of the case may require and for which act of kindness and justice, the petitioner shall as in duty bound every pray.
2. The memo dated 09.07.2025 which is signed by the learned counsel for the petitioner which reads as under:
"The undersigned counsel for the petitioner seeks permission of this Hon'ble Court to withdraw the present matter on the instructions of the petitioner. The petitioner seeks liberty to approach the appropriate Court in accordance with law. This memo may be taken on record in the interest of justice and equity."
3. Accepting the said memo, the petition is dismissed as withdrawn reserving liberty to the petitioner to file petition before appropriate forum having jurisdiction.
