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Madras High CourtWP/9477/2019closed

M/S.Kutty Impex v. The Commissioner Of Customs,

2019-09-23Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 23.09.2019

CORAM

THE HONOURNABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.Nos.9477, 9480 & 9481 of 2019 M/s. Kutty Impex, 43/83, T.T.K.Road, Alwarpet, Chennai - 600 018 rep. by its Proprietrix Mrs.S.Mekala

...Petitioner in W.P.No.9477/2019

M/s.Best Mega International GL-6, Ansal Bhaan, K.G.Marg, New Delhi - 110 001 Rep. by its Proprietor Shri Rajesh Kumar Khetterpal

...Petitioner in W.P.No.9480/2019

M/s. Prius Technologies, Cabin 2,B-7, Prabhat Kiran Building Rajendra Place, New Delhi - 100 008 rep. by its Proprietor Ankit Khetterpal

...Petitioner in W.P.No.9481/2019

Vs.

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

2. The Joint/Addl.Commissioner of Customs (Gr.5) No.60, Rajaji Salai, Customs House, Chennai - 600 001.

3. The Asst/Deputy Commissioner of Customs(Gr.5) No.60, Rajaji Salai, Customs House, Chennai - 600 001.

... Respondents in all the W.Ps.

Writ Petition No.9477/2019 is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents herein to assess and clear the goods under import viz., 491 units of Old & Used Digital Multifunction Print & Copying Machines, covered under Bill of Entry No.7125940 dated 07.07.2018 upon the payment of applicable duties of customs on the value as determined by the Chartered Engineer vide its report dated 18.07.2018 viz-a-vis the interim orders passed by the Division Bench of this Hon'ble Court in W.P.Nos.15621 to 15623 of 2018 dated 13.02.2019.

Writ Petition No.9480/2019 is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents herein to assess and clear the goods under import viz., 318 units of Old & Used Digital Multifunction Print & Copying Machines, covered under Bill of Entry No.8245010 dated 28.09.2018 upon the payment of applicable duties of customs on the value as determined by the Chartered Engineer vide its report dated 22.10.2018 viz-a-vis the interim orders passed by the Division Bench of this Hon'ble Court in W.P.Nos.15621 to 15623 of 2018 dated 13.02.2019.

Writ Petition No.9481/2019 is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents herein to assess and clear the goods under import viz., 393 units of Old & Used Digital Multifunction Print & Copying Machines, covered under Bill of Entry No.8113230 dated 19.09.2018 upon the payment of applicable duties of customs on the value as determined by the Chartered Engineer vide its report dated 13.10.2018 viz-a-vis the interim orders passed by the Division Bench of this Hon'ble Court in W.P.Nos.15621 to 15623 of 2018 dated 13.02.2019.

For Petitioners : Mr.N.Viswanathan For Respondents : Mr.A.P.Srinivas, Senior Standing Counsel C O M M O N O R D E R Learned counsel for the petitioners submitted that the prayer has become infructuous in view of the interim order passed in W.P.Nos.16788/2019, 21199/2019 & 16126/2019 respectively filed by the very same petitioners, arising out of batch of cases, disposed of by the Division Bench on 10.09.2019.

2. Recording the said submission, these Writ Petitions are closed as no further is necessary. No costs.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar vsi To

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

2. The Joint/Addl.Commissioner of Customs (Gr.5) No.60, Rajaji Salai, Customs House, Chennai - 600 001.

3. The Asst/Deputy Commissioner of Customs(Gr.5) No.60, Rajaji Salai, Customs House, Chennai - 600 001.

+2 cc to Mr.A.P.Srinivas Advocate sr81867 W.P.Nos.9477, 9480 & 9481 of 2019 aa22/10/2019