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Madras High CourtWA/1689/2025withdrawn dismissed

M/S Ravi Kumar Distilleries Limited v. The Assistant Commissioner

2025-06-13Honourable Dr.Justice Anita Sumanth,Honourable Mr.Justice N.Senthilkumar6 pages

2025:MHC:1380

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-06-2025

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR AND CMP NO. 12711 OF 2025

1. M/s Ravi Kumar Distilleries Limited Rep. by its Managing Director Mr.R.V.RaviKumar Puducherry Appellant(s) Vs

1. The Assistant Commissioner O/o.The Assistant Commissioner of GST and Central Excise, Division-I, Govt. of India, 14, Municipal Street, Azeez Nagar, Reddiarpalayam, Puducherry-605010 2.The Deputy Commissioner (Excise) Government of Puducherry Industrial Estate Road, Thattanchavadi, Puducherry 3.Shashi Distilleries Private Limited No.501/A/4, 9th Mile Stone, Bannerghatta Road, Bangalore.

4.Gemini Distilleries Puducherry Inc No.9, C.K.Garden, St. Thomas Street,

Bangalore.

5.John Distilleries Private Limited 110, Pantharapalaya, Mysore Road, Bangalore 6.Radico Khaitan Limited Bareilly Road, Rampur- 244 901. UP., Corporate Office at Plot No. J-I, Block -I, Mohan Cooperative Industrial Area, Mathura Road, New Delhi 7.Tilaknagar Industries Limited P.O. Tilaknagar, Tai Shrirampur District, Ahmednagar, Maharastra 413 720, Corporate Office Industrial Assurance Building, 3rd Floor, Churchgate, Mumbai Respondent(s) PRAYER To set aside the order in W.P.No. 9378 of 2024 dated 10.04.2024 and pass any other Orders as this Honble Court deems fit and proper in the facts and circumstances of the case and thus render justice. CMP No. 12711 of 2025 PRAYER To grant an order of INTERIM STAY of operation of the order and all further proceedings arising pursuant there to dated 10.04.2024 in W.P.No. 9378 of For Appellant(s):

Ms. T.V.Muthu Abirami For Mr. P.Mohan Lal

ORDER

(Order of the Court was made by Dr.Anita Sumanth J.) Ms.T.V.Muthu Abirami, learned counsel appearing for Mr.Mohan Lal, learned counsel on record for the appellant seeks permission to withdraw this appeal with liberty to file an appeal before the appellate authority. Mr.Mohan Lal learned counsel on record for the appellant has made an endorsement to this effect.

2. In light of the endorsement made, this Writ Appeal and the connected Miscellaneous Petition are dismissed as withdrawn. Liberty as granted by the learned single Judge for filing of statutory appeal is reiterated. Appeal, if filed within a period of one month from today, will be taken on file by the appellate authority without reference to limitation but ensuring compliance with all other statutory conditions, including pre-deposit and disposed expeditiously, in accordance with law. No costs.

(ANITA SUMANTH J.)(N.SENTHILKUMAR J.) sl 13-06-2025 Index:Yes/No Speaking order Internet:Yes

WA No. 1689 of 2025 and CMP No. 12711 of 2025 To 1.The Assistant Commissioner O/o.The Assistant Commissioner of GST and Central Excise, Division-I, Govt. of India, 14, Municipal Street, Azeez Nagar, Reddiarpalayam, Puducherry-605010 2.The Deputy Commissioner (Excise) Government of Puducherry Industrial Estate Road, Thattanchavadi, Puducherry 3.Shashi Distilleries Private Limited No.501/A/4, 9th Mile Stone, Bannerghatta Road, Bangalore.

4.Gemini Distilleries Puducherry Inc No.9, C.K.Garden, St. Thomas Street, Bangalore.

5.John Distilleries Private Limited 110, Pantharapalaya, Mysore Road, Bangalore 6.Radico Khaitan Limited Bareilly Road, Rampur- 244 901. UP., Corporate Office at Plot No. J-I, Block -I, Mohan Cooperative Industrial Area, Mathura Road, New Delhi 7.Tilaknagar Industries Limited P.O. Tilaknagar, Tai Shrirampur District, Ahmednagar, Maharastra 413

720, Corporate Office Industrial Assurance Building, 3rd Floor, Churchgate, Mumbai

ANITA SUMANTH J.

AND N.SENTHILKUMAR J.

sl AND CMP NO. 12711 OF 2025 13-06-2025