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Madras High CourtWP/22938/2010dismissed

M/S.Printech Fashions, v. The Export Credit Guarantee

2023-02-20Honourable Dr Justice Anita Sumanth4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.02.2023 CORAM :

The HONOURABLE DR.JUSTICE ANITA SUMANTH and M.P.Nos. 1 and 2 of 2010 M/s. Printech Fashions, Rep. By its Proprietor, R.V.J.Devadoss, S/o.Late C.Royappan, No.29, Erukkadu 4th Street, Karuvampalayam, Tirupur - 641 604.

.. Petitioner vs 1.The Export Credit Guarantee Corporation of India Ltd., Rep. By the Branch Manager, 137/2, C.G.Complex, Kumaran Road, Tirupur - 641 601.

2.The General Manager, The Export Credit Guarantee Corporation of India Ltd., Registered Office, Nariman Point, P.O.B.No.11677, Mumbai - 400 021.

3.The Regional Branch Manager, The Export Credit Guarantee Corporation of India Ltd., Chennai Office, Spencer Towers, 7th Floor, 770-A Anna Salai, Chennai - 600 002.

.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the 1/4

entire records pertaining to the Letter of the 1st respondent in Reference No.C & D/13265 dated 06.03.2009 and the consequent letter of the 1st respondent in TPR/POL/SCR-1935/CL-13494/2010 dated 14.05.2010 and quash the same consequently direct the respondents to pay the balance amount as claimed by the petitioner in his Claim Application dated 25.11.2008 under Policy No.SCR0260001935 in respect of shipments made to M/s.1000453657 Canada, excluding the amount already paid with subsequent interest so as to enable the petitioner to run the Export Business by considering the representation of the petitioner dated 03.05.2010.

For Petitioner :

Petitioner's notice returned as no such address For Respondent :

Mr.Sai Srujan Tayi

ORDER

This writ petition is of the year 2010. On 05.01.2023, the following daily order has been passed:- "Mr.Aasif Basha, learned counsel representing the learned counsel on record for the petitioner states that the bundle has been returned to the petitioner. He also states that pending Writ Petition, the petitioner has passed away.

2. Notice through Court be issued to the address of the petitioner on record, returnable 03.02.2023. Proof be placed on file and the Registry to print the description of the petitioner, upon completion of service.

3. List on 03.02.2023. Counter will be filed today with a copy served upon the counsel presently on record for the petitioner." 2.

Service is now complete and the report from the Registry reveals that the thapal to the petitioner has been received 2/4

with the endorsement 'No such addressee'. Thus, there is no justification in keeping this writ petition pending on the file of the Court since 2010 and I hence dismiss the same in limine. No costs. Consequently, connected miscellaneous petitions are closed. 20.02.2023 Index:Yes/No ssm To 1.The Branch Manager, The Export Credit Guarantee Corporation of India Ltd., 137/2, C.G.Complex, Kumaran Road, Tirupur - 641 601.

2.The General Manager, The Export Credit Guarantee Corporation of India Ltd., Registered Office, Nariman Point, P.O.B.No.11677, Mumbai - 400 021.

3.The Regional Branch Manager, The Export Credit Guarantee Corporation of India Ltd., Chennai Office, Spencer Towers, 7th Floor, 770-A Anna Salai, Chennai - 600 002.

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DR. ANITA SUMANTH,J.

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