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Madras High CourtWP/24347/2023withdrawn dismissed

M/S.N.C.Alexander v. Additional Commissioner Of Customs

2024-06-06Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.06.2024

CORAM

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and W.M.P.Nos.32613& 32615; 23793 & 23794 of 2023 M/s. N. C. Alexander, Rep.by its Proprietor, Mr. N. C. Alexander ... Petitioner

Versus

1.Additional Commissioner of Customs (Group 1), Office of the Commissioner of Customs, Chennai II (Imports), No.60, Rajaji Salai, Chennai - 1. 2.Assistant/Deputy Commissioner of Customs (Group 1), Office of the Commissioner of Customs, Chennai II (Imports), No.60, Rajaji Salai, Chennai - 1.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus directing the respondents to assess and release the import of Fresh Apples covered by Bill of Entry (B/E) No. 6592074 dated 26.06.2023 (Icegate Job No. 2025 File No. 1355) which is pending assessment under Customs Act, 1962, relating to import of Fresh Apples-Royal Gala falling under Customs Tariff Heading (CTH)-08081000 imported from New Zealand under Invoice No. 1/4

VF109873 dated 17.05.2023, IGM No. 2347536/2023 dated 24.06.2023, which is pending assessment before the respondents herein, further direct the office of the respondents to issue a Detention Certificate for waiver of demurrage and container detention charges, in terms of Regulation 6(1) of Handling of Cargo in Customs Areas Regulations, 2009. For Petitioner :

Mr. B. Satish Sundar & Dr. S. Krishnanandh For Respondents :

Mr. K. Umesh Rao, Senior Standing Counsel

ORDER

Learned counsel for the petitioner submits that he may permitted to withdraw this writ petition with liberty to re-file after amending the prayer. Such request is made in view of the orders issued by the Hon'ble Supreme Court of India. Learned senior standing counsel opposes the request for leave.

2. By granting leave as requested for, the writ petition is dismissed as withdrawn without any order as to costs. Consequently, the connected miscellaneous petitions are also closed.

06.06.2024 (2/2) klt 2/4

To 1.The Additional Commissioner of Customs (Group 1), Office of the Commissioner of Customs, Chennai II (Imports), No.60, Rajaji Salai, Chennai - 1.

2.The Assistant/Deputy Commissioner of Customs (Group 1), Office of the Commissioner of Customs, Chennai II (Imports), No.60, Rajaji Salai, Chennai - 1.

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SENTHILKUMAR RAMAMOORTHY,J klt and W.M.P.Nos.32613& 32615; 23793 & 23794 of 2023 06.06.2024 (2/2) 4/4