Nakoda Unique Gold v. The Assistant Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:- 08.05.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.Nos.31219, 30117 of 2015 & 1491 of 2016 & M.P.Nos.1, 2 & 3 of 2015, M.P.Nos.1, 2 & 3 of 2015 & W.M.P.Nos.1269 &1270 of 2016 Nakoda Unique Gold Private Limited rep. by its managing Director Mr.K.Ramanlal No.59, N.S.C.Bose Road Sowcarpet, Chennai - 600 079.

...Petitioner

(in WP.Nos.31219 of 2015, 30117 of 2015 and 1491 of 2016)

Versus

The Assistant Commissioner of Customs (Group 1-4) Air Cargo Complex, Meenabakkam Chennai - 600 027.

... Respondent (in W.P.No.31219 of 2015)

1. The Commissioner of Customs (Imports) Air cargo Complex Meenambakkam Chennai - 600 027

2. The Assistant Commissioner of Customs (Imports) Appraising Group No.III Meenambakkam, Chennai - 600 027

3. The Appraising Officer of Customs (Imports) Appraising Group No.III Meenambakkam Chennai - 600 027.

... Respondents (in W.P.No.30117 of 2015)

1. The Principal Commissioner of Customs Office of the Principal Commissioner of Customs (Air Cargo) Meenabakkam, Chennai - 600 027

2. The Assistant Commissioner of Customs (Group 1-4) Meenabakkam, Chennai - 600 027 ... Respondents (in W.P.No.1491 of 2016) Prayer:

Writ Petition No.31219 of 2015 filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, to call for the records of the respondent dated 25.09.2015 in F.No.SMisc./16/2015 Group 1-4-58/95/2015/2015-Gr.4, Order-inOriginal No.753/2015 and quash the same. Writ Petition No.30117 of 2015 filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, to call for the records of the 2nd respondent dated 11.09.2015 and reminder dated 16.09.2015 both in F.No.SMisc./16/2015 Group 1-4 and quash the same so far it is violative of Article 6 (2) and 6 (3) of Annexure III (Rule 14) of the Customs Tariff (Determination of Origin of Goods under the PTA between the Government of the Republic of India and Malaysia) Rules, 2011. Writ Petition No.

1491 of 2016 filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, to call for the records of the 1st respondent pertaining to the impugned Demand-cum-Show Cause Notice dated 04.01.2016 in F.No.S.Misc.016/2015 (Part File) Group 1-4, ACC S30/01/16-Gr.3ACC and quash the same. For Petitioner : Mr.Murali Kumar in all WPs for M/s.Mcgan Law Firm For Respondents : Mr.A.P.Srinivas in all WPs standing counsel (in WP.Nos.

C O M M O N O R D E R The learned counsel appearing for the petitioner seeks permission of this Court to withdraw these writ petitions. He has also made an endorsement to that effect.

2. In view of the endorsement made by the learned counsel for the petitioner, these writ petitions are dismissed as withdrawn. No costs. Consequently, connected miscellaneous petitions are closed.

08.05.2017 sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To

1. The Assistant Commissioner of Customs (Group 1-4) Air Cargo Complex, Meenabakkam Chennai - 600 027.

2. The Commissioner of Customs (Imports) Air cargo Complex Meenambakkam Chennai - 600 027

3. The Assistant Commissioner of Customs (Imports) Appraising Group No.III Meenambakkam, Chennai - 600 027

4. The Appraising Officer of Customs (Imports) Appraising Group No.III Meenambakkam Chennai - 600 027.

5. The Principal Commissioner of Customs Office of the Principal Commissioner of Customs (Air Cargo) Meenabakkam, Chennai - 600 027 +1 CC M/S.MCHAN LAW FIRM, Advocate SR.No.36934 +3 CC Mr.A.P.Srinivas, Advocate SR.No.36820,36821 & 36822 W.P.Nos.31219, 30117 of 2015& 1491 of 2016 PA (CO) EGR 18/05/2017