Mahalaxmi Valves Pvt Ltd. And ANR. v. Principal Commissioner Of Customs (Imports)

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5508/2024 MAHALAXMI VALVES PVT LTD. AND ANR. ..... Petitioners Through:

Mr. Chinmaya Seth and Mr. A.K. Seth, Advocates.

versus PRINCIPAL COMMISSIONER OF CUSTOMS (IMPORTS) ..... Respondent Through:

Mr. Harpreet Singh, SSC with Ms.

Suhani Mathur, Mr. Sandeep Rai, Mr.

Jatin Kumar Gaur, Mr. Mushir Khan, Ms. Pritika Nagpal, Ms. Suman Lata and Mr. Deepak Sharma, Advocates.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 22.04.2024 CM APPL. 22640/2024 (for exemption) Exemption allowed, subject to all just exceptions. This application stands disposed of.

W.P.(C) 5508/2024 & CM APPL. 22639/2024 (for stay) 1.

Learned counsel for petitioner submits that after filing of subject petition, it transpired that reply dated 21.03.2024 to show cause notice dated 19.07.2023 was not available with the proper officer. He submits that petitioner was made aware on 19.04.2024 that reply was not on record and accordingly petitioner was directed to furnish a reply by today i.e. 22.04.2024. He submits that copy of the reply was sent to the proper officer 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 03/07/2025 at 23:42:23

by e-mail dated 19.04.2024 and a physical copy shall be submitted in the office of the proper officer today itself.

2.

Learned counsel submits that in view of the fact that the reply was not on record and proceedings are still to be adjudicated, Petitioner seeks leave to withdraw the petition reserving the right of the petitioner to file fresh petition in case petitioner is aggrieved by any order passed by the proper officer or if request of the petitioner for cross-examination is denied by the proper officer.

3.

In view of the above, petition is dismissed as withdrawn with liberty as prayed for.

SANJEEV SACHDEVA, J PURUSHAINDRA KUMAR KAURAV, J APRIL 22, 2024/vp 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 03/07/2025 at 23:42:23