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Madras High CourtWA/1443/2021withdrawn dismissed

M/S.Spk Impex v. The Commissioner Of Customes (Seaport-Export)

2025-02-25Honourable The Chief Justice,Honourable Mr Justice Mohammed Shaffiq4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.02.2025

CORAM

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ M/S.SPK Impex rep. by its Managing Partner, K.Saminathan : Appellant

Versus

1.The Commissioner of Customs (Seaport-Export) Custom House, No.60, Rajaji Salai, Chennai-600001 2.The State rep. by Inspector of Police, Valasarawakkam Police Station, Chennai-600087 : Respondents Prayer: Appeal filed against the order of learned Single Judge dated 09.02.2021 in WP No.17003 of 2018.

For Appellant :

Mr.S.Murugappan For Respondent No.1 :

Mr.K.Umesh Rao For Respondent No.2 :

Mr.E.Raj Thilak Additional Public Prosecutor

JUDGMENT

(Judgment of the Court was delivered by the Hon'ble Chief Justice) After the appeal was heard for some time, counsel sought leave to withdraw the appeal and stated that he shall file a suit.

2. Counsel for respondent No.1 stated that limitation will be an issue.

3. Mr.Murugappan for appellant stated that he shall make out a case before the Civil Court to exclude the time lost in these proceedings.

4. He may do so and respondent No.1 shall file a counter to that. We express no opinion. That issue, the Civil Court will decide on its own merits. All rights and contentions are kept open.

5. The appeal stands dismissed as withdrawn. There will be no order as to costs.

(K.R.SHRIRAM, CJ.) (MOHAMMED SHAFFIQ, J.) 25.02.2025 Index : Yes/No : Yes/No tar To 1.The Commissioner of Customs (Seaport-Export) Custom House, No.60, Rajaji Salai, Chennai-600001 2.The State rep. by Inspector of Police, Valasarawakkam Police Station, Chennai-600087

THE HON'BLE CHIEF JUSTICE AND MOHAMMED SHAFFIQ , J.

(tar) 25.02.2025