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Madras High CourtWP/27424/2013withdrawn dismissed

M/S.Chamunda Fancy Stores v. The Commissioner Of Customs,

2020-01-10Honourable Mr Justice C. Saravanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2020

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P. No. 27424 of 2013 and M.P. Nos. 1 & 2 of 2013 M/s.Chamunda Fancy Stores, Represented by its Proprietor Mr.Mafatlal D.Mali, Shop No.8, Hong Kong Plaza, First Floor, 140, Govindappa Naicken Street, Chennai - 600 001.

... Petitioner Vs

1. The Commissioner of Customs (Imports), Custom House, No.60, Rajaji Salai, Chennai - 600 001.

2. The Additional Commissioner of Customs (SIIB), Custom House, No.60, Rajaji Salai, Chennai - 600 001.

3. The Deputy Commissioner of Customs (SIIB), Custom House, No.60, Rajaji Salai, Chennai - 600 001.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records of the Third Respondent in F.No.S.Misc.189/2012-SIIB, dated 21.08.2013, in so far as it relates to demanding "Execution of a Bank Guarantee for an amount equivalent to the Differential Duty, towards likely adjudication levies" and quash the same as illegal, arbitrary, unconstitutional and further directing the Respondents to provisionally assess and release the imported goods viz., 654 Cartons of Iron Ring, Iron Buttons, Iron Dog Hooks, Iron Rivit, Iron Buckles etc., covered by Bill of Entry No.8042963, dated 25.09.2012, on furnishing a Bank Guarantee for 20% of the differential duty and Bond for the remaining amount of differential duty in terms of Section 18 of the Customs Act, 1962 read with Customs (Provisional Duty Assessment) Regulations, 1963.

https://hcservices.ecourts.gov.in/hcservices/

For Petitioner : Mr. Y. Michael Raj for Mr. A.K.Jayaraj For Respondents: Dr. S. Seethalakshmi Standing Counsel

ORDER

The learned counsel for the Petitioner seeks permission of this Court to withdraw this writ petition and he has also made an endorsement to that effect.

2. In view of the above submission and also the endorsement made by the learned counsel for the Petitioner, this Writ Petition is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar arb To

1. The Commissioner of Customs (Imports), Custom House, No.60, Rajaji Salai, Chennai - 600 001.

2. The Additional Commissioner of Customs (SIIB), Custom House, No.60, Rajaji Salai, Chennai - 600 001.

3. The Deputy Commissioner of Customs (SIIB), Custom House, No.60, Rajaji Salai, Chennai - 600 001.

+1cc to Mr.S.Seethalakshmi standing counsel for TNPSC, Advocate, S.R.No. 2681 W.P. No. 27424 of 2013 and M.P. Nos. 1 & 2 of 2013 GJ(CO) GN(17/02/2020) https://hcservices.ecourts.gov.in/hcservices/