M/S. Apertronics Private Limited v. Mr. P.S.Srinivas And 2 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Contempt Petition No.1416 of 2025 M/s.Apertronics Private Limited, Represented by its Director, Mr.Rakesh Chowdary Muppavarapu Plot No.40, SIPCOT Industrial Complex, Phase 2, Krishnagiri Road, Tamil Nadu-635109 : Petitioner Vs.
1.Mr.P.S.Srinivas The Senior Intelligence Officer, Director of Revenue Intelligence, No.27, G.N. (Chetty Road), T.Nagar, Chennai- 600 017.
2.Mr.K.S.V.V.Prasad, The Commissioner of Customs, Chennai II Commissionerate, Customs House, 60 Rajaji Salai, Chennai 600 001.
3.Mr.Tej Kumar M S The Additional Commissioner of Customs Group-5, Import Commissionerate, Custom House, No.60, Rajaji Salai, Chennai-600 001.
: Respondents 1/5
Prayer: Contempt Petition filed under Section 11 of Contempt of Courts Act, 1971, to punish the respondent for deliberately committing contempt by willful disobedience of the orders of this Court in W.P.No.31034 of 2024 dated 21.01.2025 under the provisions of Contempt of Courts Act. For Petitioner : Mr.A.Abdul Hameed, Senior Advocate for M/s.S.P.Sri Harini For Respondents : Mr.ARL Sundaresan Additional Solicitor General Assisted by Mr.M.Santhanaraman Senior Standing Counsel for R1 Mrs.Revathi Manivannan Senior Standing Counsel for R2 and R3
ORDER
The Contempt Petition is filed to punish the respondents for the willful disobedience of the order passed in W.P.No.31034 of 2024 dated 21.01.2025
2. Today, memos have been filed by the petitioner as well as respondents 2 and 3.
2/5
2.1. Memo filed by the petitioner is extracted hereunder: "1. The above mentioned contempt petition has been filed against the Respondents for not complying with the order of this Hon'ble Court dated 21.01.2025 in W.P.No.31034 of 2025.
2. It is submitted that the Director of the Petitioner Company has instructed that he would execute a personal bond in his personal capacity, equal to 100% of the value of the goods in terms of Clause (ii) of paragraph 9 of this Hon'ble Court's order dated 21.01.2025 and 100% of the alleged Antidumping duty for release of the goods and he has further stated that he would co-operate with the Department in further adjudication proceedings. 3.Therefore, it is most humbly submitted before this Hon'ble Court that the same may be recorded and the above-mentioned Cont.P.No.1416 of 2025 may be closed"
2.2. Memo filed on behalf of respondents 2 and 3 is extracted hereunder: "01. It is submitted that, in compliance of the undertaking given before this Hon'ble Court, the customs Department shall release the said goods upon receipt of the personal bond of Mr.Rakesh Chowdary Muppavarapu, the Director of the Petitioner Company, in his individual capacity for an amount equal to 100% of the assessed value of the goods i.e.,Rs.56,05,206/- plus the differential AntiDumping Duty of Rs.97,36,019/- and the said Director shall also undertake to pay duties, interest, and penalties that may be determined during the adjudication proceedings.
2.It is respectfully submitted that, this conditional release shall be without prejudice to the Department's statutory rights to continue the 3/5
adjudication proceedings under the Customs Act, 1962, and to take appropriate action based on the investigation findings which have established through irrefutable evidence."
It is most humbly prayed that this Hon'ble Court may be pleased to take this memo on record and close the contempt petition and thus render justice."
3. In view of the above memos filed by the petitioner as well as respondents 2 and 3, the contempt petition stands closed. 01.08.2025 Speaking (or) Non Speaking Order mrn 4/5
MOHAMMED SHAFFIQ, J.
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