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Madras High CourtWP/10742/2025disposed of

Zedha Enterprises v. The Principal Commissioner

2025-03-27Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATUE AT MADRAS

DATED: 27.03.2025

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE M/s.Zedha Enterprises, Chennai.

.. Petitioner Vs 1.The Principal Commissioner of Customs, Chennai-III Preventive Commissionerate, Customs House, No.60, Rajaj Salai, Chennai - 1.

2.The Additional Commissioner of Customs, Adjudication - SEZ & FTWZ, Office of the Principal Commissioner of Customs, Chennai-Preventive, Customs House, No.60, Rajaj Salai, Chennai - 1.

3.The Deputy Commissioner of SEZ & FTWZ, Nandiambakkam Port Road, Nandiambakkam, Chennai - 120.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India seeking for issuance of a writ of mandamus to direct the respondents to release the goods imported vide SEZ Bill of Entry No.1003049, dated 14.03.2024 in container bearing No.WHSU5865805, 1/4

by giving effect to the order passed by the Additional Commissioner of Customs, Adjudication-SEZ & FTWZ, second respondent herein, vide Order-in-Original F.No.GEN/ADJ/ADC/2322/2024-SEZ-FTWZ, dated 20.01.2025, and further direct the respondents to issue Waiver Certificate for Detention and Demurrage/Liner Charges and pass further orders. For Petitioner : Mr.A.K.Jayaraj For Respondents : Mr.S.M.Deenadayalan, SSC

ORDER

This writ petition has been filed seeking for a limited direction to the respondents to implement the order passed by the second respondent in order-in-original dated 20.01.2025.

2. The petitioner is agreeable with the operative portion of the said order. However, they submit that till date, the order-in-original dated 20.01.2025 has not been implemented. They seek for implementation of the order-in-original dated 20.01.2025. According to the petitioner, till date, despite giving representation on 13.02.2025, the respondents have not implemented the order-in-original dated 20.01.2025.

3. Mr.S.M.Deenadayalan, learned senior standing counsel, accepts 2/4

notice on behalf of the respondents.

4. No prejudice will be caused if the petitioner's representation dated 13.02.2025 is considered on merits and in accordance with law within a time frame to be fixed by this Court.

5. The learned counsel for the petitioner on instructions submits that the petitioner will give a fresh representation to the respondents seeking for implementation of the order-in-original dated 20.01.2025. The said statement is recorded.

6. Accordingly, the petitioner is directed to submit a fresh representation to the respondents 2 and 3 within a period of one week from the date of receipt of a copy of this order. On receipt of such representation, the respondents 2 and 3 shall pass final orders on merits and in accordance with law, within a period of three weeks thereafter. With these directions, the writ petition is disposed of. No Costs. W.M.P.No.12089 of 2025 is closed.

27.03.2025 Index: yes/no speaking/non-speaking rkm ABDUL QUDDHOSE,J.

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rkm To 1.The Principal Commissioner of Customs, Chennai-III Preventive Commissionerate, Customs House, No.60, Rajaj Salai, Chennai - 1.

2.The Additional Commissioner of Customs, Adjudication - SEZ & FTWZ, Office of the Principal Commissioner of Customs, Chennai-Preventive, Customs House, No.60, Rajaj Salai, Chennai - 1.

3.The Deputy Commissioner of SEZ & FTWZ, Nandiambakkam Port Road, Nandiambakkam, Chennai - 120.

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