Moksha Business Machines v. The Principal Commissioner Of Customs

HONOURABLE SRI JUSTICE V. RAMASUBRAMANIAN AND HONOURABLE SRI JUSTICE P. KESHAVA RAO WRIT PETITION No.7665 OF 2019 ORDER: (Per Hon'ble Sri Justice V. Ramasubramanian) The petitioner has come up with the above writ petition seeking issue of a writ of mandamus directing the respondents to release the Used Multi-Functional Devices covered by the Bill of Entry Nos.9412152, 9806800 and 2036760 dated 26.12.2018, 28.01.2019 and 13.02.2019 respectively.

2. Heard Mr. Gandra Mohan Rao, learned counsel for the petitioner, and Mr. B. Narasimha Sarma, learned senior standing counsel for the respondents.

3. The issue raised in this writ petition is already covered by a judgment of this Court in W.P. No.2728 of 2018 dated 06.04.2018. In fact, the issue is also covered by an order of the Joint Commissioner dated 25.01.2019 passed in respect of an earlier Bill of Entry. Therefore, following the order passed by this Court and the very order passed by the Joint Commissioner, the Writ Petition is allowed, directing the respondents to release the consignments of Used Multi-Functional Devices covered by Bill of Entry Nos.9412152, 9806800 and 2036760 dated 26.12.2018, 28.01.2019 and 13.02.2019 respectively, within a period of one week from the date of furnishing all documents by the petitioner firm, and upon the

VRSJ & PKR,J WP No.7665 of 2019 petitioner filing a letter waiving the requirement of the show cause notice. No order as to costs.

As a sequel thereto, Miscellaneous Petitions, if any pending, in the writ petition stand closed.

_______________________________ V. RAMASUBRAMANIAN, J ___________________________ P. KESHAVA RAO, J April 25, 2019.

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