2019 (11) TMI 1277 - HC - Customs

Stay of order - effect of the order of stay in a pending appeal before the Apex Court - HELD THAT - Issue Notice, returnable on 4th December 2019 - By way of ad-interim relief, further proceedings pursuant to the impugned show cause notice dated 02.09.2019 (Annexure-E to the petition) are hereby stayed.

Summary

Issues Involved:
Challenge to a High Court decision before the Supreme Court, Effect of stay order by Supreme Court on High Court judgment, Precedential value of High Court judgment during pendency of appeal.

Analysis:

Challenge to High Court Decision Before Supreme Court:
The petitioner's advocate highlighted that the decision of the High Court in a previous case had been challenged before the Supreme Court through Special Leave Petitions. Specifically, the Supreme Court had stayed the operation and implementation of the High Court judgment in question. The advocate referred to a Calcutta High Court case to emphasize that a stay order by the Supreme Court in a pending appeal does not constitute a declaration of law but is binding only on the parties involved in the proceedings. The interim order does not negate the binding effect of the High Court judgment as a precedent, as long as the Supreme Court does not lay down any inconsistent legal proposition.

Effect of Stay Order by Supreme Court on High Court Judgment:
The advocate also relied on a Delhi High Court decision to support the argument that an order staying the judgment of a lower court or authority does not affect the underlying reasoning of the judgment itself. By citing this case, the advocate aimed to establish that the principles articulated in the High Court's previous decision would remain unaffected despite the stay order issued by the Supreme Court. This argument was presented to maintain the integrity and relevance of the High Court's judgment during the pendency of the appeal before the Supreme Court.

Precedential Value of High Court Judgment During Pendency of Appeal:
Considering the submissions made by the petitioner's advocate, the court issued a notice returnable on a specific date. As an ad-interim relief measure, the court stayed further proceedings related to the impugned show cause notice and prohibited the respondents from initiating coercive recovery actions against the petitioner based on the notice. This decision indicates the court's recognition of the ongoing legal proceedings and the need to maintain the status quo until a final determination is reached. Additionally, the court permitted direct service in this matter to ensure effective communication and compliance with the orders issued.

This comprehensive analysis of the judgment addresses the key issues involved, including the challenge to the High Court decision before the Supreme Court, the impact of the stay order on the High Court judgment, and the precedential value of the High Court's decision during the appeal process.