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Madras High CourtWP/32237/2014disposed of

M/S. Himachal Exim, v. The Chief Commissioner Of

2015-02-03Honourable Mr Justice S. Vaidyanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 3.2.2015.

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.No.32237 of 2014 and M.P.No.1 of 2014 M/s. Himachal Exim Room No.8 Building No.7 Audiappa Naicken Street Sowcarpet Chennai-600 001 Represented by its Proprietor Shri. H.Nagaraj Petitioner vs.

1 The Chief Commissioner of Customs Custom House No.60 Rajaji Salai Chennai-600 001.

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

3 The Joint Commissioner of Customs (Gr.3) Custom House No.60 Rajaji Salai Chennai-600 001.

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

Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents herein to release the goods covered under Bills of Entry No.8960783 and 8960784 both dated 07.01.2013 in terms of the order of Commissioner (Appeals-II) Chennai vide Order in Appeal in C.Cus-II No.3/2014 dated 24.10.2014.

For Petitioner : Mr.B.Satish Sunda For Respondents : Mr.Rajanish Pathayil https://hcservices.ecourts.gov.in/hcservices/

ORDER

Petitioner has come forward with the aforesaid prayer.

2. It is not in dispute that the order has become final and no further appeal has been filed against the said order by the Department. Since the order has become final, the respondents are directed to release the goods covered under Bills of Entry No.8960783 and 8960784 both dated 07.01.2013 in terms of the order of Commissioner (Appeals-II) Chennai vide Order in Appeal in C.Cus-II No.3/2014 dated 24.10.2014, within a period of four weeks from the date of receipt of copy of this order. The writ petition is ordered accordingly. No costs. The connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssk.

To 1 The Chief Commissioner of Customs Custom House No.60 Rajaji Salai Chennai-600 001.

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

3 The Joint Commissioner of Customs (Gr.3) Custom House No.60 Rajaji Salai Chennai-600 001.

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

1 cc to Mr.B.Satish Sundarnb ,Advocate, SR.No.5920 1 cc to Mr.Rajanish Pathayil ,Advocate, SR.No.5434 W.P.No.32237 of 2014 skv(co) pmk.17.2.2015 https://hcservices.ecourts.gov.in/hcservices/