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Madras High CourtWP/27635/2021withdrawn dismissed

M/S.Slv Trading Company v. The Commissioner Of Customs (Gr.3)

2024-08-19Honourable Mr Justice C. Saravanan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.08.2024 CORAM :

THE HONOURABLE MR.JUSTICE C.SARAVANAN M/s.SLV Trading Company, Represented by its Proprietor S.L.Vijay ... Petitioner Vs.

1.The Commissioner of Customs (Gr.3), Chennai II Commissionerate, No.60, Rajaji Salai, Custom House, Chennai - 600 001.

2.The Additional Commissioner of Customs (Gr.3), Chennai II Commissionerate, No.60, Rajaji Salai, Custom House, Chennai - 600 001.

3.The Joint Commissioner of Customs (DIU), Chennai III Commissionerate, No.60, Rajaji Salai, Custom House, Chennai - 600 001.

4.The Deputy Commissioner of Customs (Gr.3), Chennai II Commissionerate, No.60, Rajaji Salai, Custom House, Chennai - 600 001.

... Respondents 1/5

Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, to direct the respondents herein to consider the representation of the petitioner dated 15.11.2021, seeking for the provisional release of goods viz., 552 cartons of sewing machine needles, covered under the subject Bill of Entry No.8575624 dated 23.10.2018, for the purpose of reexport, and the remaining non-offending goods, forming part of the subject consignment may be released for home consumption, by taking to consideration that the subject bill of entry is pending clearance from 23.10.2018, which is a live consignment and also to further direct the respondents to issue necessary detention certificate for waiver for demurrage/detention charges under re.6(1) of the Handling of Cargos in Customs Area Regulations, 2009, as amended and to pass such order or other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

For Petitioner : Mr.R.Yuvaraj For Respondents : Mr.A.N.R.Jayaprathap Junior Standing Counsel for Mr.A.P.Srinivas Senior Standing Counsel

ORDER

2/5

The learned counsel for the petitioner seeks permission of this Court to withdraw this petition and he has also made the following endorsement to that effect:

"As instructed by the petitioner, the counsel for petitioner may be permitted to withdraw the writ petition."

2. In view of the endorsement made by the learned counsel for the petitioner, this Writ Petition is dismissed as withdrawn. No costs. 19.08.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order arb To 3/5

1.The Commissioner of Customs (Gr.3), Chennai II Commissionerate, No.60, Rajaji Salai, Custom House, Chennai - 600 001.

2.The Additional Commissioner of Customs (Gr.3), Chennai II Commissionerate, No.60, Rajaji Salai, Custom House, Chennai - 600 001.

3.The Joint Commissioner of Customs (DIU), Chennai III Commissionerate, No.60, Rajaji Salai, Custom House, Chennai - 600 001.

4.The Deputy Commissioner of Customs (Gr.3), Chennai II Commissionerate, No.60, Rajaji Salai, Custom House, Chennai - 600 001.

C.SARAVANAN, J.

arb 4/5

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