M/S.Ksj Metal Impex (P) Ltd., v. Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN W.P.No.3566 of 2014 M/s.KSJ Metal Impex (P) Ltd., represented by its Managing Director Kamlesh Jain .. Petitioner Vs.

1.Chairman Central Board of Excise & Customs Government of India Department of Revenue Ministry of Finance North Block, New Delhi.

2.The Chief Commissioner of Customs Chennai Sea Customs No.60, Rajaji Salai Chennai-1.

3.The Deputy/Assistant Commissioner of Customs (Refunds) Refund Section Chennai Sea Customs No.60, Rajaji Salai, Chennai-1.

.. Respondents The writ petition is filed under Article 226 of the Constitution of India praying for the issue of a writ of mandamus, directing the third respondent to get refund of 4% Additional duty paid in terms of Notification No.102/2007customs, dated 14.9.2007, made as per the petitioner's representation, dated 22.1.2014.

For Petitioner : Mr.G.Derrick Sam For Respondents : Mr.A.P. Srinivas

ORDER

Heard the learned counsel, appearing on behalf of the petitioner, as well as the learned counsel, appearing on behalf of the respondents.

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2.This writ petition has been filed, praying that this Court may be pleased to issue a Writ of Mandamus, directing the third respondent to consider and dispose of the petitioner's representation, dated 22.1.2014, seeking refund of 4% Additional duty paid, in terms of the Notification No.102/2007-customs, dated 14.9.2007.

3. At this stage of the hearing of the writ petition, the learned counsel, appearing for the petitioner had placed before this Court, an Order in Original No.26029/14, passed by the third respondent, ordering the refund of Rs.39,10,452/-, to the petitioner, as prayed for in the representation. In such circumstances, the writ petition has become infructuous. Accordingly, the writ petition is dismissed as infructuous. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar rnb To 1.The Chairman Central Board of Excise & Customs Government of India Department of Revenue Ministry of Finance North Block, New Delhi.

2.The Chief Commissioner of Customs Chennai Sea Customs No.60, Rajaji Salai Chennai-1.

3.The Deputy/Assistant Commissioner of Customs (Refunds) Refund Section Chennai Sea Customs No.60, Rajaji Salai, Chennai-1.

1 cc to Mr.A.P.Srinivas, Advocate, sr.46524 1 cc to M/s.G.Derrick Sam, Advocate, sr.47116 W.P.No.3566 2014 skv co kra 14.09.2016 https://hcservices.ecourts.gov.in/hcservices/