Larsen & Toubro Limited v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.07.2018

CORAM

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.No.16677 of 2008 and M.P.No 1 of 2008 Larsen & Toubro Limited, ECC Construction Division, Mount Poonamallee High Road, Manapakkam, Chennai - 600 089.

... Petitioner Vs.

1. Union of India Represented by its Secretary, Ministry of Finance, Department of Revenue, Government of India, North Block, New Delhi - 110 001

2. Commissioner of Central Excise, 6/7 ATD Street, Race Course Road, Coimbatore - 641 018.

3. Assistant Commissioner of Central Excise, Tirupur Division.

4. New Tirupur Area Development Corporation Limited, No. 66, Apachi Nagar, Kongu Nagar, Tirupur - 641 607.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Prohibition, prohibiting the Second Respondent from proceeding with the impugned Show Cause Notice dated 23.04.2008 in Show Cause notice No.05/08 (Comnr). For Petitioner: Mr.Clint Li Johny For Mr.K.Vaitheeswaran

For R1 to R3 : Mr.V.Sundareswaran Senior Panel Counsel For R4 : Mr.S.Raghunathan

O R D E R

This Writ Petition has been filed for prohibiting the Second Respondent from proceeding with the impugned Show Cause Notice dated 23.04.2008 in Show Cause notice No.05/08 (Comnr).

2. The learned counsel appearing for the petitioner would submit that the relief sought for in this Writ Petition has become infructuous and he has also made the following endorsement to that effect.

"Since final order passed in Show Cause Notice, the Writ Petition has become infructuous"

3. Recording the above submission and the endorsement made by the learned counsel for the petitioner, the Writ Petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar raja To

1. The Secretary, Union of India, Ministry of Finance, Department of Revenue, Government of India, North Block, New Delhi - 110 001

2. The Commissioner of Central Excise, 6/7 ATD Street, Race Course Road, Coimbatore - 641 018.

3. The Assistant Commissioner of Central Excise, Tirupur Division,

4. The New Tirupur Area Development Corporation Limited, No. 66, Apachi Nagar, Kongu Nagar, Tirupur 641 607.

+1cc to M/s.V.Sundareswaran, Advocate SR.NO.49572 +1cc to M/s.K.Vaitheeswaran, Advocate SR.NO.50575 VSNII(CO) sm:16.10.2018 W.P.No.16677 of 2008 and M.P.No.1 of 2008