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Madras High CourtWP/6777/2018withdrawn dismissed

M/S.Mars Shipping Services v. The Principal Commissioner Of

2020-11-30Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. Nos. 6777 to 6780 of 2018 W.P. No. 6777 of 2018:- M/s. Mars Shipping Services Old No.259, New No.144, Third Floor Thambu Chetty Street Chennai - 600 001 By its Partner B.Ravi ... Petitioner Vs.

New Custom House Meenambakkam, Chennai - 600 027.

... Respondent W.P. No. 6778 of 2018:- B.Ravi, Partner M/s. Mars Shipping Services Old No.259, New No.144, Third Floor Thambu Chetty Street Chennai - 600 001.

... Petitioner -vsNew Custom House Meenambakkam, Chennai - 600 027.

... Respondent

W.P. No. 6779 of 2018:- R. Rangarajulu No.21, Sannathi Street Ganapathypuram, Chrompet Chennai - 600 044.

... Petitioner -vsNew Custom House Meenambakkam, Chennai - 600 027.

... Respondent W.P. No. 6780 of 2018:- R.Suresh Krishnan, Partner M/s. Mars Shipping Services Old No.259, New No.144, Third Floor Thambu Chetty Street Chennai - 600 001.

... Petitioner -vsNew Custom House Meenambakkam, Chennai - 600 027.

... Respondent

C O M M O N O R D E R (through video conference) Heard Mr. S.Baskaran, Learned Counsel for the Petitioner and Mr. A.P.Srinivas, Learned Senior Standing Counsel appearing for the Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

When it is pointed out by Learned Senior Standing Counsel appearing for the Respondent that the Petitioner has got an effective alternative remedy to challenge the impugned orders by way of appeals before the Customs Excise and Service Tax Appellate Tribunal under Section 129-A(3) of the Customs Act, 1962, Learned Counsel for the Petitioner seeks permission of this Court to withdraw these Writ Petitions with liberty to resort to the aforesaid procedure. He has also filed memos dated 30.11.2020 to that effect through e-mail, which are placed on record.

3.

Accordingly, these Writ Petitions are dismissed as withdrawn granting such liberty. It is made clear that for the purpose of reckoning limitation for availing the aforesaid remedy, the period from the date of filing of the Writ Petitions, viz., 26.08.2016, till the date on which the certified copy of this order is made ready by the Registry, shall be excluded. No costs.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar Maya

To New Custom House, Meenambakkam, Chennai - 600 027. Copy to The Section Officer ER Section High Court, Madras 104.

+1 CC to Mr.A.P. Srinivas, Advocate sr 38510. W.P. Nos. 6777 to 6780 of 2018 BP(CO) SP(09/12/2020)