Shri. M.Haribabu, v. The Commissioner Of Customs,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.02.2025 CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P.No.3511 of 2024 M.Haribabu, Prop M/s.Bhavani Diamond Tools, R/o.203, Kakatiya Residency, Sivaji Nagar, Mangamoor Road, Ongole, Andhra Pradesh-523 001.

.. Petitioner vs 1.The Commissioner of Customs, Chennai-II, Import Commissionerate, Custom House, No.60, Rajaji Salai, Chennai-600 001.

2.The Additional Director General, Directorate of Revenue Intelligence, Hyderabad Zonal Unit, H.No.10-2-289571 & 2, "Suryavanishi Residency", IInd Cross Road, Shanti Nagar, Masab Tank, Hyderabad-500 028.

.. Respondents

Prayer : Petition under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for the records of the case relating to the impugned order in Original No.104624/2023 dated 19.01.2024 bearing F.No.CUS/APR/ASS/3370/2023-ADJN of the first respondent and to quash the same.

For Petitioner : Mr.R.Balachandar for M/s.Sri Law Associates For Respondents : Mr.Avinash Washwani Jr. Standing Counsel for respondent No.1 COMMON ORDER (Order of the Court was made by the Hon'ble Chief Justice) Counsel says the writ petition got tagged with the other matters before the Division Bench, in view of the pending review petition before the Apex Court in Commissioner of Customs v. M/s.Canon India Private Limited1. Counsel says that the issue has been settled and seeks leave to withdraw the petition with liberty to file an appeal before the Customs, Excise, Service Tax Appellate Tribunal. He has also made an endorsement to that effect.

1 2024(11) TMI 391 SC (LB) : 2024 INSC 854

2. Petition is dismissed as withdrawn, with liberty as prayed for. There shall be no order as to costs. Consequently, interim application stands closed.

(K.R.SHRIRAM, C.J.) (MOHAMMED SHAFFIQ, J.) 21.02.2025 Index :

Yes/No NC :

Yes/No bbr To 1.The Commissioner of Customs, Chennai-II, Import Commissionerate, Custom House, No.60, Rajaji Salai, Chennai-600 001.

2.The Additional Director General, Directorate of Revenue Intelligence, Hyderabad Zonal Unit, H.No.10-2-289571 & 2, "Suryavanishi Residency", IInd Cross Road, Shanti Nagar, Masab Tank, Hyderabad-500 028.

THE HON'BLE CHIEF JUSTICE AND MOHAMMED SHAFFIQ ,J.

bbr

21.02.2025