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Madras High CourtWP/2128/2018disposed of

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

2018-04-11Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 11.04.2018 Coram The Hon'ble Mr.Justice T.S.Sivagnanam Writ Petition No.2128 of 2018 M/s. Gem Impex, rep.by its Proprietor, Mr. Mangalram.

...Petitioner

Vs.

1. The Commissioner of Customs, Chennai - IV, Group -7H, Customs House, No.60, Rajaji Salai, Chennai - 600 001.

2. The Joint Commissioner of Customs (Depb/7H) Customs House, No.60, Rajaji Salai, Chennai - 600 001.

3. The Assistant Commissioner of Customs (Refunds) Refund Section, Customs House, No.60, Rajaji Salai, Chennai - 600 001.

...Respondents

Writ Petition, filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the respondents to refund the amount of Rs.10,00,000/- claimed by the petitioner herein, vide Receipt Sr.No.4544 of 2016, dated 28.10.2016, within reasonable time, as fixed by this Court. For Petitioner : Mr.A.K.Jayaraj For Respondent : Mr.P. Raj Kumar Jabakh Standing Counsel

O R D E R

The petitioner has filed this Writ Petition, seeking issuance of a Writ of Mandamus, directing the respondents to refund the amount of Rs.10,00,000/- claimed vide Receipt Sr.No.4544 of 2016, dated 28.10.2016, within a reasonable time that may be stipulated by this Court.

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2.

When the Writ Petition is taken up for hearing today, (11.04.2018), the learned Standing Counsel for the respondents, on instructions, submitted that the petitioner claim for refund will be considered within a reasonable time.

3.

In the light of the above stand taken by the respondent/Department, there will be a direction to the third respondent to process the petitioner's refund application and pass appropriate orders on merits and in accordance with law within a period of three weeks from the date of receipt of a copy of this order. No costs.

s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar sd To

1. The Commissioner of Customs, Chennai - IV, Group -7H, Customs House, No.60, Rajaji Salai, Chennai - 600 001.

2. The Joint Commissioner of Customs (Depb/7H) Customs House, No.60, Rajaji Salai, Chennai - 600 001.

3. The Assistant Commissioner of Customs (Refunds) Refund Section, Customs House, No.60, Rajaji Salai, Chennai - 600 001.

+1 CC to Mr.A.K. Jayaraj, Advocate sr 26723. +1 CC to Mr.P. Rajkumar, advocate sr 27845.

Writ Petition No.2128 of 2018 NA(CO) SP(04/05/2018) https://hcservices.ecourts.gov.in/hcservices/