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Madras High CourtWP/152/2021dismissed as withdrawal

M/S.Amrapali Industries Ltd v. Assistant Commissioner Of Customs,

2023-09-22Honourable Mr Justice Mohammed Shaffiq4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.09.2023

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ M/s.Amrapali Industries Ltd., Rep. By its authorised Representative cum Director Mr.Yashvantbhai Amratbhai Thakkar ... Petitioner Vs.

1.Assistant Commissioner of Customs, Refund Office of the Principal Commissioner of Customs (Airport and Air Cargo), New Air Cargo Complex, Meenambakkam, Chennai-VII Commissionerate, Chennai-600 027.

2.Assistant Commissioner of Customs, (Refund-Sea), Office of the Commissioner of Customs (CH-II), Custom House, Chennai-600 001.

3.Union of India, (Notice to be served through the Secretary) Department of Revenue, Ministry of Finance, Parliament Street, Central Secretariat, North Block, New Delhi- 110 001.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of 1/4

India, praying to issue a Writ of Mandamus directing the respondent authorities to consider the representation dated 12.08.2019 given by the petitioner to the respondents for disposal of the refund claim dated 16.06.2017 for Rs.45,07,371/- along with interest, submitted by the petitioner herein with regard to Bill of Entry No.5636192 dated 15.06.2016. For Petitioner : Mr.Devashish Trivedi For Respondents : Mr.G.Meganathan Junior Standing Counsel

ORDER

The writ petition is filed praying for a writ of mandamus to direct the respondent authorities to consider the representation dated 12.08.2019 given by the petitioner to the respondents for disposal of the refund claim dated 16.06.2017 for Rs.45,07,371/- along with interest, submitted by the petitioner herein with regard to Bill of Entry No.5636192 dated 15.06.2016, the same has already been disposed of vide order dated 18.03.2021.

2. When the matter was taken up for hearing, it was submitted by the learned counsel for the petitioner appearing through Video Conferencing that subsequent to the filing of this writ petition, the impugned order was challenged before the Appellate Authority and that in view of the 2/4

subsequent development, nothing survives for adjudication in the present writ petition. The learned counsel for the petitioner has also made an endorsement to the said effect.

3. Recording the same, the writ petition stands dismissed as withdrawn. No costs.

22.09.2023 To:

1.Assistant Commissioner of Customs, Refund Office of the Principal Commissioner of Customs (Airport and Air Cargo), New Air Cargo Complex, Meenambakkam, Chennai-VII Commissionerate, Chennai-600 027.

2.Assistant Commissioner of Customs, (Refund-Sea), Office of the Commissioner of Customs (CH-II), Custom House, Chennai-600 001.

3.Union of India, (Notice to be served through the Secretary) Department of Revenue, Ministry of Finance, Parliament Street, Central Secretariat, North Block, New Delhi- 110 001.

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MOHAMMED SHAFFIQ, J.

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