Madras High CourtWP/385/2017disposed of

M/S.S.S.D.Oil Mills Company v. The Assistant Director General

2017-01-06Honourable Mr Justice Rajiv Shakdher3 pages

In the High Court of Judicature at Madras Dated: 06.01.2017 Coram The Honourable Mr.JUSTICE RAJIV SHAKDHER Writ Petition No.385 of 2017 and WMP No.416 of 2017 M/s.S.S.D.Oil Mils Company Limited represented by its Director, Shri.R.Deepan Dorai Chennai - 600 083.

.... Petitioner Vs.

1. The Assistant Director General of Foreign Trade, 26, Haddows Road, Shastri Bhavan Annexe, Chennai - 600 006.

2. The Joint Director General of Foreign Trade, 26, Haddows Road, Shastri Bhavan Annexe, Chennai - 600 006.

3. Additional Director General of Foreign Trade, 26, Haddows Road, Shastri Bhavan Annexe, Chennai - 600 006.

4. Director General of Foreign Trade, Udyog Bhawan, H-wing, Gate No.02, Maulana Azad Road, New Delhi - 110 011.

5. Export Promotion Capital Goods (EPCG) Committee Director General of Foreign Trade, Udyog Bhawan, H-wing, Gate No.02, Maulana Azad Road, New Delhi - 110 011.

6. The Deputy Commissioner of Customs (EPCG) Custom House, No.60, Rajaji Salai, Chennai - 600 001.

.... Respondents PETITION under Article 226 of The Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the letter dated 24.11.2016 issued

by the 6th respondent in F.No.S45/2421/2007 EPCG to the petitioner company, quash the same and further direct the 6th respondent not to take any coercive action in respect of EPCG licence No.430005338 dated 10.09.2007 till the disposal of the application dated 12.11.2015 pending before the 3rd respondent. For Petitioner : Mr.G.Derrick Sam For Respondents : Ms.Hema Muralikrishnan

O R D E R

1. Issue notice. Ms.Hema Muralikrishnan, accepts notice on behalf of the respondents.

2. With the consent of counsels for parties, the Writ Petition is taken up for hearing and final disposal.

3. The challenge in this Writ Petition is laid to the order dated 24.11.2016, passed by Deputy Commissioner of Customs (EPCG). The impugned order proceeds on the basis that the export obligation has not been fulfilled.

4. The petitioner's case, on the other hand, is that the entire export obligation stands fulfilled and that, in this behalf, a representation, which is dated 12.11.2015, was made to respondent No.3 for issuance of Export Obligation Discharge Certificate 4.1. Counsel for the petitioner says that the aforesaid representation of the petitioner is still pending with respondent No.3 and, without disposing of the representation of the petitioner, the impugned order has been passed.

5. Ms.Hema Muralikrishnan, counsel for the respondents, says that if a direction is given, respondent No.3 would consider and dispose of the representation dated 12.11.2015, and that, pending the disposal of the representation, no coercive action will be taken against the petitioner.

6. Accordingly, the Writ Petition is disposed of with the direction to respondent No.3 to dispose of the representation of the petitioner dated 12.11.2015. The needful will be done within a period of six (6) weeks from the date of receipt of a copy of the order.

6.1. Pending the disposal of the representation, no coercive measures will be taken against the petitioner.

7. Resultantly, the connected Miscellaneous Petition stands closed. However, there shall be no order as to costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sl To