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Madras High CourtWP/3996/2016disposed of

M/S. Adayar Gate Hotel Ltd, v. The Deputy Commissioner Of

2016-04-13Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.04.2016

CORAM

THE HONOURABLE MR. JUSTICE M.DURAISWAMY W.P.No.3996 of 2016 M/s.Adayar Gate Hotel Ltd., representedby its Managing Director, Mr.Bharath Bhushan Goyal Welcome Group Park Sheraton Hotel & Towers, TTK Road, Chennai - 600 018.

.... Petitioner Vs.

The Deputy Commissioner of Customs (Refunds) Custom House, No.60, Rajaji Salai, Chennai - 600 001.

.... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking for the relief of issuance of Writ of Mandamus to direct the respondent to sanction the refund amount of Rs.7,62,841/- along with interest at the rate of 9% from the date of 02.08.1999 as stated in the refund application dated December 16, 2015 within a reasonable time frame. For Petitioner : Mr.G.Derrick Sam For Respondents : Mr.A.P.Srinivas, Standing Counsel

O R D E R

The petitioner has filed the above writ petition to issue a writ of mandamus directing the respondent to sanction the refund amount of Rs.7,62,841/- along with interest at the rate of 9% from 2.8.1999 as stated in the refund application dated 16.12.2015 within a reasonable time.

2. It is the case of the petitioner that the respondent has not refunded the sum of Rs.7,62,841/- along with interest from 2.8.1999 till this date. Further, the learned counsel appearing for the petitioner submitted that the petitioner filed an application on 16.12.2015 seeking for refund of the amount. However, the respondent has not passed any order in the application filed by the petitioner sofar.

3. Mr. A.P.Srinivas, learned Standing counsel appearing for the respondent submitted that the respondent may be directed to consider the petitioner's application dated 16.12.2015 for https://hcservices.ecourts.gov.in/hcservices/

refund of the amount on merits and in accordance with law within a stipulated time.

4. Having regard to the submissions made by the learned counsel appearing on either side and taking into consideration the limited prayer sought for by the learned counsel appearing for the petitioner, I direct the respondent to consider the petitioner's application dated 16.12.2015 on merits and in accordance with law and pass orders within a period of four weeks from the date of receipt of a copy of this order. With this observation, the writ petition is disposed of. No costs.

usk s/d- Assistant Registrar(CS-VII) True Copy Sub-Assistant Registrar To The Deputy Commissioner of Customs (Refunds) Custom House, No.60, Rajaji Salai, Chennai - 600 001.

+ 1 cc to Mr.G.Derrick Sam,Advocate, SR 23952 + 1 cc to Mr.A.P.Srinivas, Advocate, SR 23721 ks(co) prk26/4 W.P.No.3996 of 2016 https://hcservices.ecourts.gov.in/hcservices/