M/S.Talettutayi Solar Projects Two Private Limited, v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.04.2023
CORAM
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M/s.Talettutayi Solar Projects Two Private Limited, Unit No.001, GF, Tower - C, Uniteech Cyber Park, Sector 39 Gurugrm - 122 001 rep. by its Authorized Signatory A.Michael K.A. Roche .. Petitioner versus 1.Union of India, Under Secretary, Ministry of Finance, North Block, New Delhi - 110 001.
2.The Director General (Safeguards) Directorate General of Trade Remedies 4th Floor, Jeevan Tara Building Parliament Street, New Delhi - 110 001.
3.The Assistant Commissioner of Customs, Chennai-600 001.
4.The Commissioner of Customs, Chennai - 600 001.
5.The Directorate General of Systems and Data Management, Hotel Samrat, Chanakypuri New Delhi-110 021.
.. Respondents Prayer: WP No.14057 of 2019 under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for the impugned final findings No.F.No.22/1/2018-DGTR dated 16.07.2018 issued by the second respondent and quash the same as illegal, arbitrary, unconstitutional and without authority of law. WP No.14050 of 2019 filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for the impugned notification No.1/2018(SG) dated 30.07.2018 issued by the first respondent and quash the same as illegal, arbitrary and without authority of law.
For the Petitioner :
Mr.Adithya Reddy For the Respondents :
Mr.Rajesh Vivekanandan, for the first respondent Ms.Hema Muralikrishnan, for respondents 3 and 4 No appearance for respondents 2 and 5
COMMON ORDER (Made by the Hon'ble Acting Chief Justice) Learned counsel for the petitioner seeks to withdraw these writ petitions. He has also made an endorsement to that effect.
2. This Court in its order dated 08.05.2019, while entertaining the writ petitions, considering the interim relief sought in WMP Nos.14117, 14120, 14121, 14122 of 2019, ordered provisional release of goods under the Bills of Entry and also the subsequent Bills of Entry to be submitted, subject to the condition that the petitioners shall furnish bank guarantee for 50% of the amount demanded, as safeguard duty for a period of two years, which shall be renewed periodically and also furnish a bond for the balance 50% under each Bills of Entry.
3. The writ petition is dismissed as withdrawn. As a consequence, the order dated 08.05.2019 also stands cancelled. In view of the fact that the petitioner has paid the safeguard duty, bank guarantee furnished by the petitioner shall be returned and
stands discharged. The bonds furnished shall also stand discharged.
4. There will be no order as to costs. Consequently, WMP No.25649 of 2022 is closed.
(T.R., ACJ.) (D.B.C., J.) 10.04.2023 Index : Yes/No : Yes/No tar
To 1.The Under Secretary, Ministry of Finance, Union of India, North Block, New Delhi - 110 001.
2.The Director General (Safeguards) Directorate General of Trade Remedies 4th Floor, Jeevan Tara Building Parliament Street, New Delhi - 110 001.
3.The Assistant Commissioner of Customs, Chennai-600 001.
4.The Commissioner of Customs, Chennai - 600 001.
5.The Directorate General of Systems and Data Management, Hotel Samrat, Chanakypuri New Delhi-110 021.
T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY, J.
(tar) 10.04.2023