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Madras High CourtWP/24443/2004disposed of

M/S Marshals Power And Telecom v. The Asst Commissioner Of

2020-03-06Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.03.2020

CORAM:

THE HON'BLE Mr. JUSTICE R.MAHADEVAN Writ Petition No.24443 of 2004 & W.P.M.P.No.1648 of 2007 M/s. Marshals' Power & Telecom (I) Ltd.

(Formerly Marshalls Power & Commn. (I) Ltd.) Regd. Office at 21/3 Mylam Road, Sedarapet, Pondicherry 605 111 ... Petitioner ..vs..

1. The Deputy Commissioner of Central Excise, Central; Excise Division, Range - III, Pondicherry 605 001

2. The Asst. Commissioner of Central Excise, Central Excise Division, Range - III, Pondicherry 605 001 ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the first respondent to release the Capital Goods for which the duty with exorbitant rate of interest as demanded has already been paid by the petitioner and thereby permitting the petitioner to remove and relocate the Capital Goods and also permit the sale of the scrap materials under escrow management and also by directing the first respondent to completely waive the claim, panel charges / interest demanded from the petitioner.

For Petitioner :

Mr.S.Uma Shankar & Mr. D.Janarthanam For Respondent :

Mrs.Hema Murali Krishnan, Sr. Standing Counsel ---

O R D E R

The learned counsel for the petitioner, at the outset, submitted that the subject matter in dispute, in this writ petition, is release of the Capital Goods; pursuant to the impugned order, the goods have been released and the matter had attained finality.

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2. In view of the said submission, nothing survives for adjudication in this writ petition. Hence this writ petition stands dismissed. No costs. Consequently, the connected WPMP is closed.

Sd/-- Asst.Registrar (CS-VI) /true copy/ Sub Asst. Registrar srk To

1. The Deputy Commissioner of Central Excise, Central; Excise Division, Range - III, Pondicherry 605 001

2. The Asst. Commissioner of Central Excise, Central Excise Division, Range - III, Pondicherry 605 001 + one CC to M/s.Hema Murali Krishnan,Advocate (SR.20257/2020) W.P.No.24443 of 2004 & W.P.M.P.No.1648 of 2007 AK - C.O.

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