Madras High CourtWP/22065/2018withdrawn dismissed

M/S. Grt Silverwares v. Union Of India,

2023-07-25Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU

1. M/s. GRT Silverwares Rep. By its Partner Swaroopa Padmanabhan 21, Coats Road (North Usman Road) T.Nagar, Chennai 600 017.

2. Sterling & Wilson Private Limited Rep. By its Authorised Signatory Anand Babu 9th Floor, Universal Majestic P.L.Lokhande Marg, Chembur (W) Mumbai 400 043.

Petitioners Vs.

1. Union of India Through Secretary Revenue Ministry of Finance, North Block New Delhi 110 001.

2. The Designated Authority Directorate General of Trade Remedies Ministry of Commerce and Industry Department of Commerce 4th Floor, Jeevan Tara Building Parliament Street, New Delhi 110 001.

3. Union of India Through Secretary Revenue Ministry of Commerce & Industry Udyog Bhawan, New Delhi 110 001.

4. Central Board of Indirect Taxes & Customs Through Chairman Ministry of Finance Department of Revenue North Block New Delhi 100 001.

5. Commissioner of Customs, Chennai Customs House Chennai, Tamil Nadu.

6. M/s. Indosolar Limited 3C/1, Ecotech - II City: Noida State: Uttar Pradesh Pincode: 201 306.

7. M/s. Jupiter Solar Power Limited Unnayanam, 20A Ashutosh Chowdhury Avenue Kokkata 700 019.

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorari calling for the records of the impugned Notification No.01/2018-Customs (SG) dated 30.07.2018 issued by the first respondent under Section 8B of Customs Tariff Act read with Rules 12, 14 and 17 of the Customs Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997, acting upon the recommendation made

by the second respondent vide its final finding No.22/1/2018-DGTR dated 16.07.2018 under Rule 11 of the Customs Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997 and final finding No.22/1/2018-DGTR dated 16.07.2018 issued by the second respondent and quash the same.

For the Petitioners : Mr.K.Balamurali For M/s. Shivakumar and Suresh For the Respondents : Mr.A.P.Srinivas for Respondents 1, 4 & 5 Mr.B.Rabu Manohar for Respondents 2 & 3 Mr.C.Seethapathy for Respondent-7 No appearance - for Respondent-6

ORDER

(Made by the Hon'ble Chief Justice) Learned counsel for the petitioners, on instructions, seeks leave to withdraw this writ petition.

2. The writ petition, as such, stands dismissed as withdrawn. There will be no order as to costs. Consequently, W.M.P.Nos.25854 to 25856 of 2018 are also dismissed.

(S.V.G., CJ.) (P.D.A., J.) 25.07.2023 Index :

Yes/No :

Yes/No kpl To

1. The Secretary Revenue Ministry of Finance, North Block New Delhi 110 001.

2. The Designated Authority Directorate General of Trade Remedies Ministry of Commerce and Industry Department of Commerce 4th Floor, Jeevan Tara Building Parliament Street, New Delhi 110 001.

3. The Secretary Revenue Ministry of Commerce & Industry Udyog Bhawan, New Delhi 110 001.

4. The Chairman Central Board of Indirect Taxes & Customs Ministry of Finance Department of Revenue North Block, New Delhi 100 001.

5. Commissioner of Customs, Chennai Customs House Chennai, Tamil Nadu.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl) 25.07.2023