M/S.Bay-Forge Pvt Ltd v. The Commissioner Of Customs (Imports)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-09-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH W.P.No.24588 of 2025 and W.M.P.No.27696 of 2025 M/s.Bay-Forge Pvt Ltd Rep by its Managing Director Shri Julian Amirtharaj Palayanoor P.O. Vedanthangal Road, Pukkathurai Village Madurantakam Taluk, Chengalpattu District Tamil Nadu 603 308 Petitioner Vs

1. The Commissioner of Customs (Imports) Custom House, No.60, Rajaji Salai Chennai 600 001

2. The Additional Commissioner of Customs Import Commissionerate Custom House, Group 4 No.60, Rajaji Salai Chennai 600 001

3. The Ministry of Steel Rep by its Joint Secretary Room No.289, Udyog Bhawan New Delhi 110 011 Respondents

Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 1 st and 2 nd respondents to release the goods under Bill of Entry No.4651331 dated 24.07.2024 declared as SA182 F316L MOD Forged Bars (Stainless Steel) under CTH 72181000 on assessment and grant detention demurrage waiver certificate and the 3 rd respondent to grant NOC / exemption for such release from Steel and Steel Products (Quality Control) Order, 2024. For Petitioner :

Mr.B.Satish Sundar For Respondents :

Mrs.Revathi Manivannan Senior Standing Counsel for R1 and R2 Mrs.Sushma Senior Panel Counsel for R3

ORDER

This Court heard the learned counsel for the petitioner, the learned Senior Standing Counsel appearing on behalf of the respondents 1 & 2 and the learned Senior Panel Counsel appearing on behalf of the third respondent.

2. On carefully considering the submissions made by the respective learned counsel for the parties, it is seen that the request made by the petitioner seeking for exemption, was rejected at least on two occasions by the third respondent. The petitioner, in spite of the same, is placing reliance upon a subsequent exemption that was granted through a circular issued during December, 2024. The third respondent has explained in the counter affidavit as to why that circular will not apply in the case of the petitioner. In any case, the

request made by the petitioner has been rejected by the third respondent and therefore, the petitioner cannot maintain the writ petition and seek for a mandamus without challenging the rejection of NOC. The learned counsel submitted that the petitioner may be permitted to file a fresh writ petition on the same cause of action by challenging the rejection of NOC.

3. This writ petition is dismissed by granting liberty to the petitioner to file a fresh writ petition challenging the rejection of NOC and raise all the grounds. Consequently, the connected writ miscellaneous petition is also dismissed. No costs.

23-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ss

To

1. The Commissioner of Customs (Imports) Custom House, No.60, Rajaji Salai Chennai 600 001

2. The Additional Commissioner of Customs Import Commissionerate Custom House, Group 4 No.60, Rajaji Salai Chennai 600 001

3. The Joint Secretary to Government Ministry of Steel Room No.289, Udyog Bhawan New Delhi 110 011

N.ANAND VENKATESH J.

ss 23-09-2025