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Madras High CourtWP/48240/2006dismissed as infructuous

M/S. Kanishk Steel Industries v. The Commisioner Excise And

2019-01-11Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2019

CORAM

THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.No.48240 of 2006 and W.P.M.P.No.1 of 2006 M/s.Kanishk Steel Industries Limited, (Formerly known as M/s.O.P.Steels Limited), B-27(N), SIPCOT Industrial Estate, Gummidipoondi, Tamil Nadu 601 201.

...Petitioner

Vs 1.The Customs Excise and Service Tax, Appellate Tribunal, South Zonal Bench, I Floor, Shastri Bhavan Annexe, Haddows Road, Chennai 6.

2.Commissioner of Central Excise, Chennai II Commissionerate, 692, Anna Salai, Nandanam, Chennai 35.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue Writ of Certiorari, to call for the entire records relating to the stay order No.1076/2006 dated 02.11.2006 of the first respondent and quash the same and consequently direct the first respondent to hear the main appeal on merits without insisting on pre-deposit of duty and penalty. For Petitioner : Mr.R.Swarnavel For Respondents : Mr.B.Rabumanohar, SCGSC

ORDER

The learned counsel for the petitioner submitted that the prayer in the Writ Petition has become infructuous and sought permission of this Court to withdraw the same. He has also made an endorsement to that effect.

2. In view of the endorsement made by the learned counsel for the petitioner, this Writ Petition is dismissed as having https://hcservices.ecourts.gov.in/hcservices/

become infructuous.

No costs.

Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vkr/maya To 1.The Customs Excise and Service Tax, Appellate Tribunal, South Zonal Bench, I Floor, Shastri Bhavan Annexe, Haddows Road, Chennai 6.

2.Commissioner of Central Excise, Chennai II Commissionerate, 692, Anna Salai, Nandanam, Chennai 35.

+1cc to Mr.S.Venkatachalam, Advocate, S.R.No.3527 +1cc to Mr.B.Rabu Manohar, Advocate, S.R.No.3449 W.P.No.48240 of 2006 and W.P.M.P.No.1 of 2006 RK(CO) rrs 12/02/2019 https://hcservices.ecourts.gov.in/hcservices/