M/S.Adyash Solar Energy Pvt Ltd v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.2.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD W.P.Nos.4256, 4258, 4259, 4261 and 4265 of 2019 and W.M.P. Nos.4788, 4790, 4792, 4793, 4795, 4796, 4797, 4798, 4807 and 4808 of 2019, M/s.Adyah Solar Energy Private Ltd.

138, Ansal Chambers-II Bhikaji Cama Place, New Delhi-110 066 Represented by Authorised Signatory Mr.Aswin Kumar .. Petitioner in all WPs Vs.

1.Union of India Under Secretary, Ministry of Finance North Block, New Delhi - 110 001 2.Director General (Safeguards) Directorate General of Trade Remedies 4th Floor, Jeevan Tara Building, Parliament Street New Delhi - 110 001 3.Assistant Commissioner of Customs Customs House 60, Rajaji Salai, Chennai - 600 001 4.Commissioner of Customs Customs House 60, Rajaji Salai, Chennai - 600 001 5.Directorate General of Systems and Data Management Hotel Samrat, Chanakyapuri New Delhi 110 021 .. Respondents in all WPs Common Prayer in all WPs: Writ petitions filed under Article 226 of the Constitution of India, for a Writ of Certiorari quashing the order of self-assessment vide impugned Bill of Entry Nos.9990330, 9988642, 9988620, 9988702 and 9990347, all dated 8.2.2019 issued by the respondent No.3, to

the extent it seeks to impose safeguard duty, on the ground that the same is illegal, arbitrary, without authority of law. For Petitioner : Mr.Arun Karthik Mohan (in all WPs) For Respondents: Mr.G.Rajagopalan, (in all WPs) Addl. Solicitor General for R1&R2 Mr.A.P.Srinivas, Sr. Stdg. Counsel for R3 and R4 COMMON ORDER (Delivered by S.MANIKUMAR, J.) Learned counsel for the petitioner in all the writ petitions submitted that the writ petitions be permitted to be withdrawn, with liberty to file appropriate applications in W.P. Nos.1886 and 1878 of 2019, for provisional release of goods under Bill of Entry Nos.9990330, 9988642, 9988620, 9988702 and 9990347, all dated 8.2.2019, issued by the respondent No.3. Learned counsel for the petitioner has made an endorsement to that effect. Submission and endorsement are placed on record.

In view of the above, writ petitions are dismissed as withdrawn with liberty to file appropriate applications in the pending writ petitions. No costs. Consequently, all the connected writ miscellaneous petitions are dismissed.

1. The Under Secretary Union of India Ministry of Finance North Block New Delhi - 110 001

2. The Director General (Safeguards) Directorate General of Trade Remedies 4th Floor, Jeevan Tara Building, Parliament Street New Delhi - 110 001

3. The Assistant Commissioner of Customs Customs House 60, Rajaji Salai Chennai - 600 001 4.Commissioner of Customs Customs House 60, Rajaji Salai Chennai - 600 001 5.Directorate General of Systems and Data Management Hotel Samrat, Chanakyapuri New Delhi 110 021 W.P.No.4256, 4258, 4259, 4261 and 4265 of 2019 Kak(02/07/2019)