Madras High CourtWP/7518/2019dismissed as infructuous

M/S.Asianet Satellite Communication Ltd v. The Customs And Central Excise Settlement Commission

2019-06-18Honourable Mr Justice M. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.06.2019

CORAM

THE HONOURABLE MR. JUSTICE M.SUNDAR W.P.No.7518 of 2019 and W.M.P.No.8183 of 2019 M/s.Asianet Satellite Communication Ltd Represented by its Senior Vice President (Legal) & Company Secretary, Shri M.V.Sasikanthan 2A, 2nd Floor, Leela Inforpark, Kazhakuttom Thiruvananthapuram, Kerala-685 581.

..Petitioner vs.

1.The Customs and Central Excise Settlement Commission Narmada Block, Custom House No.60, Rajaji Salai, Chennai - 600 001.

2.The Director General of Foreign Trade Ministry of Commerce & Industries Department of Commerce UdyogBhavan, H Wing Gate No.2, Maulana Azad Road New Delhi - 110 011.

3.The Commissioner of Central Excise & Customs Custom House, Willingdon Island Cochin, Kerala - 682 009.

4.The Commissioner of Customs Chennai VII Commissionerate New Customs House Meenambakkam, Chennai - 600 027.

5.Commissioner of Customs Chennai IV Commissionerate Custom House, No.60 Rajaji Salai Chennai - 600 001.

6.The Assistant/Deputy Commissioner of Customs (ARC) Customs House, New Harbour Road Tuticorin - 628 004.

7.The Senior Manager Federal Bank Limited Statute Branch, Statue Thiruvananthapuram - 695 001.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, call for the records pertaining to the impugned detention notice dated 07.02.2019 issued by the 6th respondent issued in C.No.VIII/48/93/2000 Arrears which seeks to recover the duty in terms of Order No.07/2002 dated 13.08.2002 passed by the 1st respondent and quash the same and pass such other orders as this Hon'ble Court may deem it fit and necessary in the nature and circumstances of the case.

For Petitioner : Mr.G.Derick Sam For Respondents : Ms.Hema Muralikrishnan Senior Standing Counsel for R1 to R6

O R D E R

Mr.G.Derick Sam, learned counsel on record for writ petitioner and Ms.Hema Muralikrishnan, learned Senior Standing Counsel (IT) on behalf respondent Nos.1 to 6 are before this Court.

2. Instant Writ Petition has been filed with a certiorari prayer assailing a detention notice dated 07.02.2019 issued by the sixth respondent bearing Reference No.C.No.VIII/48/93/2000Arrears.

3. Both the aforesaid learned counsel y have placed before this Court today an order dated 24.04.2019 bearing Reference No.C.No.VIII/48/93/2000-Arrears made by the sixth respondent under Section 142(1)(b) of Customs Act, 1962, wherein and whereby, the impugned detention notice has been withdrawn with immediate effect.

4. In the light of the aforesaid undisputed obtaining position, this Writ Petition is dismissed as infructuous. No

costs. Consequently, connected miscellaneous petition is closed. vsm Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Customs and Central Excise Settlement Commission Narmada Block, Custom House No.60, Rajaji Salai, Chennai - 600 001.