← Library
Madras High CourtWP/27178/2015disposed of

M/S. Olympic Traders, v. The Assistant Commissioner

2015-11-30Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2015

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.Nos.27178 and 27179 of 2015 M/s.Olympic Traders rep. by its Proprietor Suresh Kumar Jain ... Petitioner in both WPs Vs The Assistant Commissioner of Customs (Refunds) Custom House, No.60, Rajaji Salai, Chennai 600 001.

... Respondent in both Wps Writ petitions have been filed under Article 226 of the Constitution of India for the issuance of a writ of Mandamus to direct the respondent to sanction the refund claims dated 24.10.2011 pertaining to refund of duty of Rs.1,81,506/- and dated 15.03.2012 pertaining to refund of duty of Rs.1,20,000/- respectively to the petitioner concern with interest. For Petitioner : Mr.Hari Radhakrishnan For Respondent : Mr.M.Devindran COMMON ORDER The petitioner has filed these writ petitions for Mandamus, directing the respondent to sanction the amount claimed in their applications dated 24.10.2011 and 15.03.2012 seeking refund of duty.

2.When the writ petitions are taken up for hearing, the learned counsel for the petitioner submitted that it would be suffice, if a direction is issued to the respondent to dispose of the refund applications filed by the petitioner on merits. 3.The learned standing counsel, who took notice for the respondent, has no serious objection for granting one such relief to the petitioner.

4.In view of the above, this court, without going into the merits of the case, directs the respondent to consider the refund applications dated 24.10.2011 and 15.03.2012 filed by the https://hcservices.ecourts.gov.in/hcservices/

petitioner and pass appropriate orders on merits and in accordance with law, after affording due opportunity of personal hearing to the petitioner. The said exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.

5.Accordingly, both the writ petitions are disposed of. No costs.

Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar rk To The Assistant Commissioner of Customs (Refunds) Custom House, No.60, Rajaji Salai, Chennai 600 001.

+1 cc to Mr.Hari Radhakrishnan, Advocate, sr.65122 +1 cc to Dr.Devandran, Advocate, sr.65291 W.P.Nos.27178 and 27179 of 2015 ksj co kra 14.12.2015 https://hcservices.ecourts.gov.in/hcservices/