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Madras High CourtWP/3566/2013disposed of

D.R.Logistics (P) Ltd., v. Union Of India,

2017-07-17Honourable Mr Justice T. S. Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.07.2017

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.3566 of 2013 D.R.Logistics (P) Ltd., Rep. By its Managing Director Mr.R.Devadoss, No.435/24, T.H.Road, Kaladipet, Chennai - 600 019.

... Petitioner Vs.

1.Union of India, Rep. By its Member-Customs, Central Board of Excise and Customs, Department of Revenue, Ministry of Finance, New Delhi - 110 002.

2.The Commissioner of Customs, Customs House, No.60, Rajaji Salai, Chennai - 1.

3.The Deputy Commissioner (Enquiry), O/o. The Commissioner of Customs, 'Customs House', No.60, Rajaji Salai, Chennai - 1.

... Respondents

PRAYER: Writ Petition filed under Article 226 of Constitution of India praying to issue Writ of certiorarified mandamus to call for the records in connection with the impugned order passed by the third respondent in F.No.S.MISC.19/2006-Enquiry, dated 30.01.2013 and quash the same and further direct the respondents to grant exemption to the petitioner company for execution of Bank guarantee for Rs.25 lakhs and insurance policy for Rs.14.22 crores by following the public notice 70/2006 and pass such further orders. For Petitioner : Mr.K.S.Viswanathan for M/s.M.Muthappan For Respondents : Mrs.R.Hemalatha, SPC

ORDER

Heard Mr.K.S.Viswanathan, learned counsel, for Mr.M.Muthappan, learned counsel for the petitioner, and Mrs.R.Hemalatha, learned Senior Central Government Standing counsel for the respondents.

2. Though the petitioner had challenged the impugned communication passed by the third respondent dated 30.01.2013, learned counsel for the petitioner submits that the petitioner is ready and willing to furnish the requisite bank guarantee for Rs.25 lakhs and insurance policy for Rs.14.22 crores as directed in the impugned order without prejudice to their rights and

contentions and subsequent developments which have taken place.

3. Recording the above said submission, the writ petition is disposed of by directing the petitioner to comply with the direction issued in the impugned order dated 30.01.2013 within a period of two weeks from the date of receipt of a copy of this order. No Costs. M.P.No.1 of 2013 is closed. 17.07.2017 rkm Index: Yes/no To 1.The Member-Customs, Central Board of Excise and Customs, Department of Revenue, Ministry of Finance, New Delhi - 110 002.

2.The Commissioner of Customs, Customs House, No.60, Rajaji Salai, Chennai - 1.

3.The Deputy Commissioner (Enquiry), O/o. The Commissioner of Customs, 'Customs House', No.60, Rajaji Salai, Chennai - 1.

T.S.SIVAGNANAM, J.

Rkm W.P.No.3566 of 2013 17.07.2017