W.P.(C)/16913/2022 of M/S AXOR GOLD TRADING FZE Vs COMMISSIONER OF CUSTOMS

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*IN THE HIGH COURT OF DELHI AT NEW DELHI+W.P.(C) 8292/2016 & CM APPL. 36367/2016M/S AXOR GOLD TRADING FZE.....Petitioner

.....Petitioner

Through:Mr.RahulRaheja,Mr.GauravPrakash and Mr. Rohit Raheja, Advs.(M: [REDACTED])Prakash and Mr. Rohit Raheja, Advs.(M: [REDACTED])

versus

UNION OF INDIA & ORS.....RespondentsThrough:Mr.AkshayAmritanshu,SeniorStanding Counsel CBIC, Ms. DrishtiSaraf & Ms. Pragya Upadhyay, Advs.(M: [REDACTED])Through:Mr.AkshayAmritanshu,SeniorStanding Counsel CBIC, Ms. DrishtiSaraf & Ms. Pragya Upadhyay, Advs.(M: [REDACTED])

Mr. Bhagwan Swarup Shukla, CGSCwith Mr. Sunita Shukla, Adv.with Mr. Sunita Shukla, Adv.

20And+W.P.(C) 16913/2022

M/S AXOR GOLD TRADING FZE.....PetitionerThrough:Mr.RahulRaheja,Mr.GauravPrakash and Mr. Rohit Raheja, Advs.Through:Mr.RahulRaheja,Mr.GauravPrakash and Mr. Rohit Raheja, Advs.

versus

COMMISSIONER OF CUSTOMS.....RespondentThrough:Mr.AkshayAmritanshu,SeniorStanding Counsel CBIC, Ms. DrishtiSaraf & Ms. Pragya Upadhyay, Advs.Through:Mr.AkshayAmritanshu,SeniorStanding Counsel CBIC, Ms. DrishtiSaraf & Ms. Pragya Upadhyay, Advs.

CORAM:

JUSTICE PRATHIBA M. SINGHJUSTICE RAJNEESH KUMAR GUPTAO R R%17.04.20251.This hearing has been done through hybrid mode.

2.The present petition has been filed by the Petitioner under Article 226of the Constitution of India inter alia seeking to direct the Respondent nos.2and 3 to return the goods as mentioned in the panchnama/seizure memo dated

19th April, 2015 to the Petitioner.

3.On the last date i.e., 4th March, 2025, the Court had observed as under:

“6. Here, the Court notices that repeated adjournmentshave been granted to the Petitioner to show theconnection between the Petitioner and the noticee –Mohd. Qumaruzumma, however, no documents havebeen filed since 2023 onwards.have been granted to the Petitioner to show theconnection between the Petitioner and the noticee –Mohd. Qumaruzumma, however, no documents havebeen filed since 2023 onwards.

7. Accordingly, list on 17th April, 2025.8. However, it is clarified that this shall be the lastopportunity given to the Petitioner to take steps, failingwhich, the Court would proceed on the next date ofhearing.”8. However, it is clarified that this shall be the lastopportunity given to the Petitioner to take steps, failingwhich, the Court would proceed on the next date ofhearing.”

4.Today, ld. Counsel for the Petitioner wishes to withdraw both thesepetitions on the ground that the Petitioner has not been able to bring anydocuments to show the relationship between the Petitioner and Mohd.Quamruzzamma.

5.However he submits that he should be permitted to avail of his legalremedies, if some documents become available in the future.

6.Dismissed as withdrawn with liberty as prayed for, which can beavailed of, in accordance with law.

PRATHIBA M. SINGH, J

APRIL 17, 2025dj/ar

RAJNEESH KUMAR GUPTA, J