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Madras High CourtWP/10962/2023withdrawn dismissed

M/S.Kals Distilleries Private Limited, v. The Commissioner Of Customs (Preventive),

2023-04-24Honourable Dr Justice Anita Sumanth4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.04.2023 CORAM :

THE HONOURABLE DR.JUSTICE ANITA SUMANTH and W.M.P.Nos.10856 & 10857 of 2023 M/s Kals Distilleries Private Limited Having Registered Office at No.23/5, Thanikachalam Road, T.Nagar, Chennai - 600 017 Rep. By its Director, Arulmanisekaran Varatharajan .. Petitioner vs 1.The Commissioner of Customs (Preventive) No.1, Williams Road, Cantonment, Tiruchirapalli - 620 001.

2.Ramakrishnan Sadasivan Chairman of the Monitoring Committee of M/s Thiru Arooran Sugars Limited, Old No.22, New No.28, Menod Street, Purusaiwalkam, Chennai - 600 007.

.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue writ of certiorari to call for the records of the 1st respondent in the impugned order bearing reference C.No.VIII/10/146/2019 - Cus Adjn., which has culminated in the Order No.04 of 2022 dated 30.08.2022 and quash the same. For Petitioner :

Mr.Pranav V. Shankar For Respondents :

Mr.A.P.Srinivas Senior Standing Counsel 1/4

ORDER

Mr.Pranav V.Shankar, learned counsel, makes an endorsement to the effect that the petitioner will file statutory appeal as against the impugned order dated 30.08.2022 and Mr.A.P.Srinivas, learned Senior Standing Counsel, who accepts notice for the respondents, does not raise any objection to this request.

2.

Hence appeal, if filed by the petitioner within a period of four weeks from date of receipt of a copy of this order, shall be entertained by the appellate authority subject to satisfaction of all statutory conditions barring limitation, heard and disposed in accordance with law. All contentions are left open to be adjudicated at the time of appeal.

3.

This writ petition is dismissed with liberty. No costs. Connected miscellaneous petitions are closed. 24.04.2023 Index:Yes/No ssm 2/4

To:

1.The Commissioner of Customs (Preventive) No.1, Williams Road, Cantonment, Tiruchirapalli - 620 001.

2.Ramakrishnan Sadasivan Chairman of the Monitoring Committee of M/s Thiru Arooran Sugars Limited, Old No.22, New No.28, Menod Street, Purusaiwalkam, Chennai - 600 007.

3/4

DR. ANITA SUMANTH,J.

ssm 24.04.2023 4/4