Madras High CourtWP/16351/2021disposed of with direction

Hdfc Ltd., v. Union Of India

2024-08-20Honourable Mr Justice M.Dhandapani7 pages

M.DHANDAPANI , J.

This writ petition has been listed under the caption "for being mentioned" at the instance of the learned counsel for the petitioner on the ground that an inadvertent error has crept in paragraph No.2 of the order.

2. Paragraph No.2 of the order shall read as follows : "2.When the petition is taken up for hearing, the learned counsel for the petitioner submitted that the 3rd respondent inspected the petitioner / Bank and found out some irregularities in respect of weights and measures / Packaged Commodities, for which the 3rd respondent issued a compounding notice dated 27.06.2021, pursuant to which, the petitioner made an objection on 06.07.2021, however the said objection has not been considered. Challenging the impugned notice, the petitioner has preferred the present Writ Petition."

Page No.1 of 7

M.DHANDAPANI, J.

3. Registry is directed to carry out the necessary correction in the order dated 20.08.2024 and issue a fresh copy of the order to the learned counsel for the parties. In other respects, the earlier order dated 20.08.2024 shall remain unaltered.

30.10.2024 sp Page No.2 of 7

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 20.08.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.16351 of 2021 & W.M.P.No.17323 of 2021 HDFC Ltd., Second Floor, ITC Centre, 760, Anna Salai, Chennai - 600 002 rep. By Mr.R.Ranganathan Senior Manager - (Corporate Lending-Legal)

...Petitioner

1. Union of India rep. By Department of Consumer Affairs, Krish Bhavan, New Delhi - 110 001

2. The Director, Legal Metrology, Government of India, Ministry of Consumer Affairs, Food and Public Distribution, Government of India, 461-A, Krish Bhavan, Dr.Rajendra Prasad Road, New Delhi - 110 001

3. ILM (Inspector of Legal Metrology) Gangapur Division, Lanza Road, Sawata, Sadan Complex, Waluj TQ., Gangapur District, Aurangabad ..Respondents Page No.3 of 7

Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari calling for the records on the file of the 3rd respondent in respect of the compounding notice dated 27.06.2021 issued by the 3rd respondent pursuant to the seizure receipt no.2391131 dated 20.06.2021 and quash the same as illegal, unconstitutional and ultravires.

For Petitioner : Mr.N.Ravishankar Vallatharasu For Respondents : Mr.R.Subramaniam ACGSC for R1 and R2 R3 - NA

O R D E R

The present Writ Petition has been filed seeking for issuance of a Writ of Certiorari calling for the records on the file of the 3rd respondent in respect of the compounding notice dated 27.06.2021 issued by the 3rd respondent pursuant to the seizure receipt no.2391131 dated 20.06.2021 and quash the same.

2. When the petition is taken up for hearing, the learned counsel for the petitioner submitted that the 2nd respondent inspected the petitioner / Bank and found out some irregularities in respect of weights and measures / Packaged Commodities, for which the 3rd respondent issued a compounding notice dated 27.06.2021, pursuant to which, the petitioner made an objection on 06.07.2021, however the said objection Page No.4 of 7

has not been considered. Challenging the impugned notice, the petitioner has preferred the present Writ Petition.

3. The learned counsel appearing on the side of the respondents 1 and 2 submits that a direction may be issued to the petitioner to submit the copy of the reply /objection dated 06.07.2021 to the respondents 2 and 3 and further, the said respondents may be directed to consider the petitioner's objection.

4. Considering the submissions on either side, this Court hereby directs the petitioner to send a copy of the said reply / objection dated 06.07.2021 to the respondents 2 and 3 and thereafter, the respondents 2 and 3 are directed to consider the petitioner's objection / reply dated 06.07.2021 within a period of four weeks from the date of receipt of copy of a order and pass appropriate orders on merits and in accordance with law.

With the above observation, the present Writ Petition is disposed of. Consequently, connected miscellaneous petitions are closed. No costs.

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20.08.2024 Index: Yes/No; Internet: Yes/No Speaking order / non speaking order ssd To M.DHANDAPANI,J., ssd

1. Union of India rep. By Department of Consumer Affairs, Krish Bhavan, New Delhi - 110 001

3. ILM (Inspector of Legal Metrology) Gangapur Division, Lanza Road, Sawata, Sadan Complex, Waluj TQ., Gangapur District, Aurangabad Page No.6 of 7

20.08.2024 Page No.7 of 7