← Library
Madras High CourtWP/5213/2025disposed of

M/S.Vinty Implex Pvt Ltd v. The Deputy Commissioner Of Customs(Brc-Dbk)

2025-02-17Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATUE AT MADRAS

DATED: 17.02.2025

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE M/s.Vinty Impex Pvt. Ltd., New Delhi - 110 048.

.. Petitioner Vs 1.The Deputy Commissioner of Customs (BRC-DBK), O/o. The Commissioner of Customs, Chennai-IV, No.60, Rajaji Salai, Customs House, Chennai - 1.

2.The Deputy Commissioner of Customs (ARC), Arrear Recovery Cell, O/o. The Commissioner of Customs (Exports), No.60, Rajaji Salai, Customs House, Chennai - 1.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India seeking for issuance of a writ of mandamus to direct the respondents to provide the petitioner with a certified copy of the Orderin-Original No.81396/2021, dated 17.03.2021, said to have been passed by the first respondent, by considering the representation of the petitioner dated 23.01.2025 so as to entitle the petitioner to proceed in a manner known to law.

1/5

For Petitioner : Mr.S.Baskaran For Respondents : Mrs.Revathi Manivannan, Standing counsel

ORDER

Mrs. Revathi Manivannan, learned standing counsel, accepts notice on behalf of the respondents, and with the consent of both parties, the writ petition itself is taken up for final disposal at the admission stage.

2. This writ petition has been filed for a mandamus seeking for a direction to the respondents to provide a certified copy of the order passed in Order-in-Original No.81396/2021, dated 17.03.2021, by the first respondent, based on the petitioner's representation dated 23.01.2025.

3. According to the petitioner, the aforesaid order has not been served on them and therefore, they are unable to proceed further challenging the said order in the manner known to the petitioner under law.

2/5

4. The learned standing counsel for the respondents submits that the respondents have complied with the statutory requirements by serving notice on the petitioner as per the statutory requirements. However, the same is disputed by the learned counsel for the petitioner.

5. The petitioner has submitted a representation on 23.01.2025, prior to the filing of this writ petition, requesting the respondents to furnish a certified copy of the order passed by the first respondent in Order-in-Original No.81396/2021, dated 17.03.2021, which is the subject matter of this writ petition. Since the petitioner has not received any reply for the same, they have filed this writ petition. No prejudice will be caused to the respondents if the petitioner's representation dated 23.01.2025 is considered on merits and in accordance with law, within a time frame to be fixed by this Court.

6. Accordingly, this Court directs the respondents to pass final orders on the representation of the petitioner dated 23.01.2025 requesting to furnish a certified copy of the order passed by the first respondent in 3/5

Order-in-Original No.81396/2021, dated 17.03.2021, within a period of two weeks from the date of receipt of a copy of this order. This Court is not expressing any opinion on the merits of the representation of the petitioner. It is for the respondents to consider the same on merits and in accordance with law. With the above directions, the writ petition is disposed of. No Costs.

17.02.2025 Index: yes/no speaking/non-speaking rkm To 1.The Deputy Commissioner of Customs (BRC-DBK), O/o. The Commissioner of Customs, Chennai-IV, No.60, Rajaji Salai, Customs House, Chennai - 1.

2.The Deputy Commissioner of Customs (ARC), Arrear Recovery Cell, O/o. The Commissioner of Customs (Exports), No.60, Rajaji Salai, Customs House, Chennai - 1.

4/5

ABDUL QUDDHOSE,J.

rkm 17.02.2025 5/5