OD–3 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE WPO/211/2025 SETH REALTY PRIVATE LIMITED VERSUS UNION OF INDIA & ORS. BEFORE : THE HON’BLE JUSTICE RAJA BASU CHOWDHURY Date: 19th May, 2025 Appearance : Ms. Micky Chowdhury, Adv. Mr. B. M. Pal, Adv. Mr. Protyush Chatterjee, Adv. …for the petitioner Mr. Bhaskar Prosad Banerjee, Adv. Mr. Tapan Bhanja, Adv. …for the Customs Authority The Court :- 1. The short point that falls for consideration in the present writ petition is whether the petitioner having deposited the redemption fine for 4590 pairs of gents cloth shoe of Ferrari Brand and All-Sky (local brand) (hereinafter referred to as ‘the said goods’) in terms of the order dated 19th March, 2024 and also having filed an appeal from the order dated 19th March, 2024 passed by the Additional Commissioner of Customs (Port) imposing the redemption fine and the appellate authority having rejecting the appeal confirming the order dated 19th March, 2024, can the petitioner now turn around and seek refund of Rs.46,000/- paid by the petitioner on the ground that the petitioner is no longer interested to seek clearance of the goods upon making payment of the redemption fine. 2. Mr. Banerjee, learned Advocate appears on behalf of the respondent- customs authority. 2 3. Since a representation in this regard has been made by the petitioner on 8th November, 2024 appearing at page 145 of the writ petition, I am of the view that the respondents should decide the said representation upon giving an opportunity of hearing to the petitioner and by passing a reasoned order in accordance with law as expeditiously as possible preferably within a period of four weeks from the date of communication of this order. While doing so, the authorities must take note of the fact that without clearance of the goods, no duties are payable. 4. With the above observation, the writ petition stands disposed of. 5. There will be no order as to costs. (RAJA BASU CHOWDHURY, J.) akg/