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Madras High CourtWP/25576/2007disposed of

M/S.Asia Overseans v. The Commissioner Of Customs

2017-11-03Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.11.2017

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.25576 of 2007 M/s.Asia Overseas, rep. by its Sole Proprietor, Shri Mahender Kumar 1790-98, Bhagirath Palace, Chandni Chowk, Delhi-110 006.

... Petitioner Vs.

1.The Commissioner of Customs, Air Cargo Complex, Meenambakkam, Chennai-600 027.

2.The Assistant Commissioner of Customs (SIIB), Chennai Airport Air Cargo Complex, Meenambakkam, Chennai.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, to direct the respondents to finalize the assessment of the subject consignment covered under Bill of Entry No.405833 dated 04.07.2007, forthwith on the basis of identical and same brand of goods already assessed at the Delhi Air Customs in Bill of Entry No.655940 dated 01.06.2007, imported by the very same writ petitioner from the very same supplier.

For Petitioner : Mr.B.Satish Sundar For Respondents : Mr.A.P.Srinivas, SPC *****

O R D E R

Heard Mr.B.Satish Sundar, learned counsel appearing for the petitioner and Mr.A.P.Srinivas, learned Senior Panel Counsel appearing for the respondents.

https://hcservices.ecourts.gov.in/hcservices/

2.The petitioner had imported Heating Lamps from China. Since the goods were only provisionally assessed and released, the petitioner requested the respondent to finally assess the consignment. However, since there was some delay in doing so, the petitioner has approached this Court and filed this writ petition for a direction upon the respondents to finally assess the subject consignment. The writ petition has been pending since 2007. In all probabilities, the final assessment would have been over by now. Since the learned counsel on either side, did not have any instructions on this aspect, this writ petition is disposed of by giving liberty to the respondents to finally assess the bill of entries, if not already assessed. No costs.

Sd/- Assistant Registrar(CS-) //True Copy// Sub Assistant Registrar abr Index:Yes/No To 1.The Commissioner of Customs, Air Cargo Complex, Meenambakkam, Chennai-600 027.

2.The Assistant Commissioner of Customs (SIIB), Chennai Airport Air Cargo Complex, Meenambakkam, Chennai.

+1cc to Mr.A.P.SRINIVAS Advocate, S.R.No. 78474 W.P.No.25576 of 2007 TR(29/11/2017) https://hcservices.ecourts.gov.in/hcservices/