P. Seetharam Erstwhile Director v. The Commissioner Of Customs

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.08.2024

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.Nos.16174 and 16175 of 2023 P.Seetharam, Erstwhile Director, M/s.Sri Vasavi Gold and Bullion Private Ltd., Flat No.2072, TVH Lumbini Square, Block II, 7th Floor, Bricklain Road, Purasawalkam, Chennai - 600 007.

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Petitioner -VsThe Commissioner of Customs, Chennai VII Commissionerate, Air Port and Air Cargo Complex, New Custom House, Meenambakkam, Chennai - 600 061.

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Respondent PRAYER : Petition under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorari, to call for the records connected with the impugned Order-in-Original No.915/2015-AIR dated 23.12.2015 passed by the respondent herein and to quash the same.

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For Petitioner :

Mr.V.M.Harri Viswanaath For Respondent :

Mr.K.Mohanamurali Senior Standing Counsel

O R D E R

(Order of the Court was made by R.SURESH KUMAR, J.) The order impugned passed by the Customs Department dated 23.12.2015 is order in Original No.915/2015-AIR. Against the said order, the petitioner can very well file an appeal. Since the order is of the year 2015, there may be huge delay and it is for the petitioner to approach the Appellate Authority with condone delay petition and in such case, it is for the Appellate Authority to decide such condone delay petition, if any filed by the petitioner, on merits and in accordance with law, therefore, the Writ Petition cannot be entertained for the aforesaid reasons.

2. Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (R.S.K., J.) (C.S.N., J.) 22.08.2024 NCC : Yes / No Index : Yes / No Speaking Order : Yes / No vji 2/4

To The Commissioner of Customs, Chennai VII Commissionerate, Air Port and Air Cargo Complex, New Custom House, Meenambakkam, Chennai - 600 061.

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R.SURESH KUMAR, J.

and C.SARAVANAN, J.

vji and W.M.P.Nos.16174 and 16175 of 2023 22.08.2024 4/4