2009 (9) TMI 971 - HC - Customs

Summary

Issues involved: Writ Petitions filed, Supreme Court judgment setting aside High Court judgment and impugned orders, liberty given to respondents to proceed afresh, petitioners' submissions regarding their petitions not being decided by High Court.

Judgment details:

1. The High Court had several Writ Petitions before it, some of which were decided against the petitioners. The petitioners then approached the Supreme Court, which on 8th July, 2009, set aside the High Court judgment and the impugned orders, granting liberty to the respondents to proceed anew.

2. The petitioners in two specific petitions argue that their cases were not decided by the High Court and thus were not part of the Supreme Court Special Leave Petition (S.L.P.). They contend that their matters should now be adjudicated in accordance with the Supreme Court's judgment.

3. The opposing side does not dispute these facts but asserts that the High Court, post the Supreme Court ruling, applied the judgment universally, including to the present petitioners. This implies that the impugned orders against these petitioners have already been revoked, obviating the need for further orders.

4. Despite this, the petitioners have been served notices in line with the Supreme Court judgment. Should they be dissatisfied with these notices, they are free to pursue any legal recourse available to them, regardless of the outcome of the Writ Petitions. Consequently, the Writ Petitions have been disposed of.