M/S. Empire Traders v. The Director General Of Foreign Trade

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.10.2023 Coram The Honourable Mr.Justice Krishnan Ramasamy and W.M.P.No.2638 of 2022 M/s.Empire Traders, rep. by its Managing Partner, Shri. Anzal V.A.

...Petitioner

Vs.

1. The Director General of Foreign Trade, Ex-Officio Additional Secretary to Government of India, Ministry of Commerce and Industry, Department of Commerce, Udyogabhavan, New Delhi - 110 017.

2. The Joint Director, Directorate of Revenue Intelligence, Chennai Zonal Unit, 7, G.N.Chetty Road, T.Nagar, Chennai - 600 017.

3. The Joint Commissioner of Customs, Customs House, Harbour Estate, Tuticorin, Tamil Nadu - 628 004.

...Respondents

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Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari to call for records pertaining to the impugned show cause notice F.No.DRI/CZU/TTN/VIII/48/06/INT1/2021, dated 26.11.2021 issued by the second respondent and to quash the same.

For Petitioner : Mr.R.Sethu Prabhakaran for M/s.M.Balagopal For Respondents 2 & 3 : Mr.V.Sundareswaran Senior Standing Counsel

O R D E R

When this Writ Petition is taken up for hearing, Mr.V.Sundareswaran, learned Senior Standing Counsel for the respondents 2 and 3 would submit that the challenge in this Writ Petition is to the show cause notice issued by the second respondent dated 26.11.2021, however, during the pendency of the Writ Petition, the respondent-Department has proceeded further with the impugned show cause notice dated 26.11.2021 and an Order-in-Original was passed on 22.07.2022, and therefore, the prayer sought for in the Writ Petition has become infructuous.

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2. Recording the aforesaid submission, this Writ Petition is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petition is closed.

19.10.2023 sd Index : yes/no To

1. The Director General of Foreign Trade, Ex-Officio Additional Secretary to Government of India, Ministry of Commerce and Industry, Department of Commerce, Udyogabhavan, New Delhi - 110 017.

2. The Joint Director, Directorate of Revenue Intelligence, Chennai Zonal Unit, 7, G.N.Chetty Road, T.Nagar, Chennai - 600 017.

3. The Joint Commissioner of Customs, Customs House, Harbour Estate, Tuticorin, Tamil Nadu - 628 004.

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Krishnan Ramasamy,J., sd 19.10.2023 4/4