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Madras High CourtREV.APLW/114/2016disposed of

The Principal Commissioner Of v. N.Hyder Ali,

2016-09-08Honourable Mr Justice T. S. Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 08.09.2016

CORAM

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM Review Application No.114 of 2016 in WP.No.20259/2016 1.The Principal Commissioner of Customs, New Custom House, Meenambakkam, Chennai 600 027.

2.The Assistant Commissioner of Customs Anna International Airport, Chennai 600 027.

..

Petitioners

Versus

S.Hyder Ali .. Respondent Prayer:- Review application filed under Order XLVII Rule 1 of CPC read with 114 CPC against the order dated 21.06.2016 made in WP.No.20259/2016.

For Petitioners :

Mr.B.Rabu Manohar, SCGPC For Respondent :

Mr.Hari Radhakrishnan

ORDER

Heard Mr.B.Rabu Manohar, learned Senior Central Government Panel Counsel appearing for the revision petitioners and Mr.Hari Radhakrishnan, learned counsel appearing for the respondent / writ petitioner and with the

consent on either side, the review application itself is taken up for final disposal.

The only reason for filing the review is to add a further condition in the order passed in the writ petition in WP.No.20259/2016 vide order dated 21.06.2016, by directing the respondent / writ petitioner to furnish a bond. In the event, the Department succeeds in the revision petition filed before the Joint Secretary [Revision Application], Ministry of Finance, Department of Revenue, New Delhi, the petitioner should secure the interest of revenue.

The learned counsel for the respondent / writ petitioner submits that the respondent / writ petitioner may be directed to furnish such a bond.

Along with the direction issued in paragraph 6 of the said order dated 21.06.2016, there will be a further direction to furnish a bond to the full value and secure the interest of revenue subject to the outcome of the revision petition filed by the Department before the Revisional Authority.

Except for the above, the other portions of the order dated 21.06.2016 made in WP.No.20259/2016, shall remain as such. The Registry is directed to give a fresh, certified copy of the order in the writ petition incorporating the above condition. The review application is ordered accordingly. 08.09.2016 AP To 1.The Principal Commissioner of Customs, New Custom House, Meenambakkam, Chennai 600 027.

2.The Assistant Commissioner of Customs Anna International Airport, Chennai 600 027.

T.S.SIVAGNANAM, J., AP Review Appln.No.114/2016 08.09.2016