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Madras High CourtWP/2310/2022dismissed as withdrawal

M/S.Ariff And Co v. Export Promotion Capital Goods (Epcg) Committee

2023-01-31Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.No.2310 of 2022 & W.M.P.No.2476 of 2022 M/s.Ariff & Co, Represented by its Partner Mr.Aboobucker, No.25 & 27, Dr.Radhakrishnan Salai, Chennai - 600 004.

... Petitioner vs.

1.Export Promotion Capital Goods (EPCG) Committee, Rep. by its Chairman, Director General of Foreign Trade, Ministry of Commerce and Industry, Udyog Bhavan, New Delhi - 110 011 2.Assistant Director General of Foreign Trade, O/o Zonal Additional Director General of Foreign Trade, Ministry of Commerce and Industry (GOI), Shastri Bhavan, 4th Floor, Annexe, No.26, Haddows Road, Chennai 6. 3.Foreign Trade Development Officer, O/o. Zonal Additional Director General of Foreign Trade, Ministry of Commerce and Industry (GOI), Shastri Bhavan, 4th Floor, Annexe, No.26, Haddows Road, Chennai -6. 4.Assistant Commissioner of Customs, License Registration Cell/ EPCG-EODC, O/o. The Commissioner of Customs, Custom House, No.60, Rajaji Salai, Chennai - 600 001.

...Respondents

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Prayer: Writ petition filed under Article 226 of the Constitution of India for writ of Mandamus directing the second respondent to accept the petitioner's request vide Application No.ARNEPCGEOEXN03901230AM22 dated 31.01.2022 for Export Obligation Period Extension for another two years till 06.02.2024 without insisting for any additional bank guarantee or deposit for complying the conditions for EPCG License No.0430010831 dated 07.02.2012. For Petitioner : Mr.V.Arunagiri For Respondents 1 to 3 : Mr.J.Madhanagopal Rao, Senior Standing Counsel For Respondent 4 : Mr.H.Siddarth, Junior Standing Counsel

ORDER

Learned counsel for the petitioner seeks permission of this court to withdraw this writ petition. He has also filed a memo dated 31.01.2023 to that effect.

2. As seen from the memo, the first respondent has passed a Government order dated 20.01.2023 making amendments in Public Notice No.53/2015-2020 through which relief has been granted to the petitioner and therefore, according to the petitioner, the relief sought for in this writ 2/5

petition has been achieved by them. Since the relief sought for by the petitioner has been achieved, pursuant to the passing of the Government Order dated 20.01.2023, the petitioner seeks permission of this Court to withdraw this writ petition.

3. The memo of withdrawal dated 31.01.2023 is hereby recorded and shall form part of this order. After recording the aforementioned fact, as seen from the memo of withdrawal dated 31.01.2023 filed by the petitioner, this writ petition is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petition is closed.

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To 1.Export Promotion Capital Goods (EPCG) Committee, Rep. by its Chairman, Director General of Foreign Trade, Ministry of Commerce and Industry, Udyog Bhavan, New Delhi - 110 011 2.Assistant Director General of Foreign Trade, O/o Zonal Additional Director General of Foreign Trade, Ministry of Commerce and Industry (GOI), Shastri Bhavan, 4th Floor, Annexe, No.26, Haddows Road, Chennai 6. 3.Foreign Trade Development Officer, O/o. Zonal Additional Director General of Foreign Trade, Ministry of Commerce and Industry (GOI), Shastri Bhavan, 4th Floor, Annexe, No.26, Haddows Road, Chennai -6. 4.Assistant Commissioner of Customs, License Registration Cell/ EPCG-EODC, O/o. The Commissioner of Customs, Custom House, No.60, Rajaji Salai, Chennai - 600 001. 4/5

ABDUL QUDDHOSE, J.

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