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2019 (12) TMI 1074 - HC - CustomsEffect of the order of stay in a pending appeal - Declaration of law - HELD THAT - Issue Notice, returnable on 19.12.2019. By way of ad-interim relief, further proceedings pursuant to the impugned show cause notice dated 10.10.2019 (Annexure-D to the petition) are hereby stayed. The respondents shall not take any coercive recovery against the petitioner for recovery of any amount under the impugned show-cause notice.
Issues:
Challenge to a court decision before the Supreme Court, Effect of stay order on a judgment, Precedent value of a High Court judgment, Principles of law in relation to stay orders. Analysis: The judgment discusses the challenge to a court decision before the Supreme Court and the effect of a stay order on the judgment. The petitioner's advocate highlighted that the Supreme Court had stayed the operation of a judgment, but this does not amount to a declaration of law. The judgment of the High Court remains a precedent unless the Apex Court lays down a proposition inconsistent with it. The judgment refers to the Calcutta High Court's decision and emphasizes that an interim stay does not affect the binding effect of the High Court's judgment. Furthermore, the judgment cites the Delhi High Court's decision, which states that an order keeping a judgment in abeyance does not affect its underlying reasoning. The judgment concludes that the principles enunciated in the High Court's decision being challenged would not lose their value due to the stay order. Based on these arguments, the court issued a Notice returnable on a specific date and granted ad-interim relief by staying further proceedings pursuant to the impugned show cause notice. The respondents were prohibited from taking coercive recovery actions against the petitioner. The judgment provides a comprehensive analysis of the legal principles surrounding stay orders, the impact of Supreme Court stays on High Court judgments, and the binding nature of High Court precedents. It clarifies that interim stays do not erase the value of a judgment as a precedent unless the Apex Court introduces conflicting legal propositions. The decision ensures protection for the petitioner by halting coercive recovery actions until further proceedings.
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