G.Lakshmi Narayana v. Ntc Logistics India Pvt Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.07.2023 CORAM :

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR AND THE HON'BLE MR.JUSTICE P.B.BALAJI G.Lakshmi Narayana ..

Appellant v.

1. NTC Logistics India Private Limited NTC Tower, No.97, Old No.47, Linghi Chetty Street rep by its Authorized Signatory Mr.Raaja Sundaram - Joint Managing Director

2. The Inspector of Police M-4 Red Hills Police Station No.1, 172 A, GNT Road, Red Hills Padianallur, Madhavaram Taluk Chennai 600 052

3. M/s Olympic Warehouse Pvt.Ltd., rep by its Managing Director S.Sakthivel D.No.17/7, Vinayagapuram Arumbakkam, Chennai 600 106

4. The Bond Officer Indian Customs, Customs House Krishna Block 60, Rajaji Salai ..

Respondents Writ Appeal filed under Clause 15 of the Letters Patent, against the order dated 27.07.2020 made in W.P.No.8834 of 2020. For Appellant ::

Mr.D.Hari Krishnan For Respondents ::

Mr.S.Aravindan for M/s Fox Mandal Associates for R1 Mr.U.M.Ravichandran Special Government Pleader for R2 Mr.V.Manohar for R3 Mr.A.P.Srinivas for R4

JUDGMENT

(Judgment of the Court was made by D.KRISHNAKUMAR,J.) The instant intra-Court appeal is filed by the appellant aggrieved by the observation made by the writ Court in paragraph-8 of the order dated 27.07.2020 passed in Writ Petition No.8834 of 2020.

2. Learned counsel appearing for the appellant brought to our notice that pursuant to the direction issued by the writ Court, the first

respondent/writ petitioner has already removed the goods from the warehouse/godown. Therefore, even according to the appellant, at this juncture, no further orders are necessary. However, the learned counsel submitted that the observation made by the writ Court in paragraph-8 of the order would affect the interest of the appellant in the dispute pending between the parties before the other forums. Therefore, he submitted that the writ appeal may be disposed of clarifying that the observation made by the writ Court will not influence the other forums to arrive at a decision in the pending dispute between the parties.

3. The learned counsels appearing for the first and third respondents also agreed that the writ appeal may be disposed of with the above observation.

4. Considering the fact that the goods have been removed from the warehouse/godown, we are not inclined to delve into the merits of the case including the maintainability of the writ appeal at this juncture. Therefore, the writ appeal stands dismissed as infructuous. However, we make it clear

that whatever observation made by the writ Court against the appellant will not influence the decision to be taken by the other forums in the pending dispute between the parties. Consequently, C.M.P.No.11485 of 2020 is closed. No costs.

(D.K.K.,J.) (P.B.B,J.) Index : yes/no 11.07.2023 ss To

1. The Inspector of Police M-4 Red Hills Police Station No.1, 172 A, GNT Road, Red Hills Padianallur, Madhavaram Taluk Chennai 600 052

2. The Bond Officer Indian Customs, Customs House Krishna Block 60, Rajaji Salai

D.KRISHNAKUMAR,J.

AND P.B.BALAJI,J.

ss 11.07.2023