Madras High CourtWP/8356/2020withdrawn dismissed

M/S.Ruby Overseas v. The Commissioner Of Customs

2023-03-09Honourable Dr Justice Anita Sumanth3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 09.03.2023

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.Nos.8356 & 8357 of 2020 and WMP.Nos.10029, 10030, 10033, 10034, 18970 & 18971 of 2020 1.M/s.Ruby Overseas, No.141, (Old No.68), Govindappa Naicken Street, Chennai-600 001.

Represented by its Partner Ameen Khudus.

2.Naushad Yunus, Partner M/s.Ruby Overseas, No.141, (Old No.68), Govindappa Naicken Street, Chennai-600 001.

... Petitioners in both WPs Vs The Commissioner of Customs, Chennai-IV Commissionerate, Custom House, No.60, Rajaji Salai Chennai-600 001 ... Respondent in both WPs COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the show cause notice issued from F.No.S.Misc.14/2016/CAU-Ch.IV dated 26.08.2016 and

F.No.S.Misc.07/2016/CAU dated 19.08.2016 issued by the respondent and quash the same and further direct the respondent to finally assess the provisionally assessed bills of entry and to return the Bond and Bank Guarantee executed at the time of provisional assessment as the same is contrary to the statutory provisions of Section 28(9) of the Customs Act, 1962 (as amended). (In both WPs) For Petitioners : Mr.B.Satish Sundar For Respondent : Mrs.Hemalath Senior Standing Counsel COMMON ORDER In the light of the endorsement made by the learned counsel on record to the effect that the petitioner will participate in the proceedings, these writ petitions are dismissed as withdrawn. It is made clear that the proceedings shall be conducted in line with the principles of natural justice and in accordance with law. No costs. Connected miscellaneous petitions are closed. 09.03.2023 vs Index : Yes / No Speaking/non-speaking Order To The Commissioner of Customs, Chennai-IV Commissionerate, Custom House, No.60, Rajaji Salai Chennai-600 001

Dr.ANITA SUMANTH,J.

vs W.P.Nos.8356 & 8357 of 2020 and WMP.Nos.10029, 10030, 10033, 10034, 18970 & 18971 of 2020 09.03.2023