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Delhi High Court - Orders

Karl Storz Endoscopy India Pvt Ltd & Anr vs Union Of India & Anr on 17 July, 2025

Author: Prathiba M. Singh

Bench: Prathiba M. Singh

                          $~84
                          *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         W.P.(C) 10126/2025, CM APPL. 42160/2025 & CM APPL.
                                    42161/2025

                                    KARL STORZ ENDOSCOPY INDIA
                                    PVT LTD & ANR.                            .....Petitioners
                                                  Through: Mr. Rajan Mishra & Mr. Tanay Vyas,
                                                           Advs.
                                                  versus
                                     UNION OF INDIA & ANR.                                                 .....Respondents
                                                  Through:                            Mr. Shankar Kumar Jha, SPC, UOI.
                                                                                      Mr. Atul Tripathi, SSC with Mr.
                                                                                      Gaurav Mani Tripathi, Mr. Rishi
                                                                                      Singhal & Mr. Shubham Misra, Advs.
                                                                                      for R-2.
                                    CORAM:
                                    JUSTICE PRATHIBA M. SINGH
                                    JUSTICE RAJNEESH KUMAR GUPTA
                                                 ORDER

% 17.07.2025

1. This hearing has been done through hybrid mode. CM APPL. 42161/2025 (for exemption)

2. Allowed, subject to all just exceptions. Application is disposed of. W.P.(C) 10126/2025, CM APPL. 42160/2025

3. The present petition has been filed by the Petitioner under Article 226 of the Constitution of India challenging the impugned order dated 27th February, 2025. Vide the said impugned order, a common adjudicating order has been passed w.r.t. the following show cause notices:

W.P.(C) 10126/2025 Page 1 of 3
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/07/2025 at 22:05:50

4. According to ld. Counsel for Petitioners, there has been substantial delay in adjudication, as the show cause notices leading to the impugned order dates back to 2013 and more than 11 years have passed.

5. The Petitioner's counsel relies upon the decision of this Court in W.P. (C) 4831/2021 titled M/s VOS Technologies India Pvt. Ltd. v. The Principal Additional Director General & Anr.

6. Mr. Tripathi relies upon the fact that the decision in VOS Technologies (supra) is subject matter of a pending petition before the Supreme Court.

7. Heard. The decision in Vos Technologies, is now under challenge before the Supreme Court in Union of India (UOI) v. GMR Airport Infrastructure Ltd. SLP(C) No.5392/2025 and the order dated 2nd May, 2025, in the said SLP reads as under:

"This matter has come up today for hearing the parties on interim relief.
2. Notice in the main matter had already been issued on 7-3-2025.
3. We take notice of the fact that the High Court by way of its impugned judgment and order disposed of hundreds of petitions.
4. One of the matters has come up before us.
5. It is difficult to hear the Revenue on interim relief in the absence of other assesses before us.
W.P.(C) 10126/2025 Page 2 of 3
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/07/2025 at 22:05:50
6. We request Mr. N. Venkataraman, the learned Additional Solicitor General to see that the other Special Leave Petitions also come up before us at the earliest so that we can issue notice in all the matters.
7. According to Mr. N. Venkataraman, the impugned judgment and order passed by the High Court of Delhi needs to be suspended from its operation as the same is creating lot of problems for the Revenue.
8. He pointed out that almost 250 matters came to be disposed of by the Tribunal following the judgment of the High Court of Delhi.
9. Since we are looking into the larger issues involved in this matter, we may only say that if any matter comes up for hearing before the Tribunal or any of the High Courts on the subject in question, the hearing may be deferred till we take an appropriate call in the matter. 10. List the matter after Summer Vacation."

8. In view of the said order, the hearing of this matter is deferred.

9. It is, however, clarified that if there is any coercive action taken by the Department, the Petitioner may approach this Court for relief.

10. List on 24th September, 2025.

PRATHIBA M. SINGH, J.

RAJNEESH KUMAR GUPTA, J.

JULY 17, 2025 Rahul/ss3 W.P.(C) 10126/2025 Page 3 of 3 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/07/2025 at 22:05:50