Authority: Supreme Court of India

Order Date: 30 July 2026

Case Overview

  • Appellant: Sarda Energy and Minerals Ltd; Respondent: Principal Commissioner of Customs.
  • The appeal (Civil Appeal Diary No. 36613/2026) challenges the final judgment and order dated 09‑01‑2026 in CESTAT CA No. 30455/2016 (Hyderabad).
  • The appellant filed IA No. 202771/2026 seeking condonation of delay in filing IA No. 202770/2026 (stay application).
  • Counsel submitted that the question “whether washing of ore to remove its impurities would amount to treating it as a concentrate?” is already pending before this Court in Civil Appeal Diary No. 25066/2026 and also arises in the present proceedings.

Order

1. Delay in filing IA No. 202771/2026 is condoned.

2. The Court notes the pending issue on ore washing and concentrate treatment in CA 25066/2026.

3. The same issue is deemed to arise in the present proceedings.

4. Notice is issued.

5. The matter is tagged with C.A. No. 9001/2026.

6. Any interim order that the appellant was enjoying during the pendency of the CESTAT proceedings shall continue.

Final Outcome

The Supreme Court allows the appellant to proceed with the stay application by condoning the filing delay, maintains existing interim relief, and directs procedural steps (notice, tagging) for further consideration of the ore‑washing issue.

Topics: Customs Regulation, Mining Industry