M/S. Sameta Metal Pro Private Limited v. Deputy Commissioner Of Customs

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2022

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and W.M.P.No.33077 of 2022 in W.P.No. 33620 of 2022 M/s.Sameta Metal Pro Private Limited DP-41, 2nd Main Road, Sidco Industrial Estate, Thirumudivakkam, Chennai - 600 044.

Rep by its Director Mr.Velayudham.

... Petitioner -Vs.- 1.Deputy Commissioner of Customs (EODC-EPCG) Office of Commissioner of Customs Chennai - II (Import), Custom House, No.60, Rajaji Salai, Chennai - 600 001.

2.Additional Director General of Foreign Trade 4th Floor, Shastri Bhavan Annexe 26, Haddows Road, Chennai - 600 006.

3.The Branch Manager State Bank of India AME - Thirumudivakkam Branch CMP No.1, SIDCO Industrial Estate Thirumudivakkam, Chennai - 600 132.

... Respondents 1/10

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorari calling for the records relating to the impugned order bearing reference F.No.S45/1178/2010-EPCG dated 02.12.2022 passed by the first respondent and quash the same. For Petitioner : Mr.T.R.Ramesh For Respondents : Mr.M.Santhanaraman, Sr.Standing Counsel (Customs), for R1 Mr.M.Karthikeyan, Sr.Panel Counsel (DGFT), for R2 Mr.S.Rajesh, for R3

O R D E R

This order will now dispose of the captioned main Writ Petition and captioned Writ Miscellaneous Petition ['WMP' for the sake of brevity].

2.This order has to be read in conjunction with and in continuation of earlier proceedings made in the previous listing on 14.12.2022 which reads as follows:

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3.To be noted, the short forms, abbreviations and other short references used in the earlier proceedings dated 14.12.2022 will continue to be used in the instant order also for the sake of convenience and clarity.

4.Adverting to earlier order, Mr.T.R.Ramesh, learned counsel for Writ Petitioner submits that the second respondent has since extended the time for export obligation upto 15.12.2023 vide proceedings dated 20.12.2022 and a scanned reproduction of the same is as follows: 6/10

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5.As the time for meeting the export obligation has now been extended upto 15.12.2023 by the second respondent, the impugned order issued by the first respondent qua invocation of Bank Guarantee will stand set aside subject to the condition that the Writ Petitioner keeps the Bank Guarantee alive till the EODC qua discharge of exemption license is produced. To be noted EODC qua the license granted to the Writ Petitioner is the subject matter of the captioned Writ Petition. 6.It is also to be noted, Mr.S.Rajesh, learned counsel who is before this Court submits that he represents the third respondent Bank. Irrespective of whether learned counsel files Vakalatnama, the third respondent Bank will remain bound by this order. The Writ Petitioner shall keep the Bank Guarantee alive till the production of EODC. 7.Captioned Writ Petition disposed of with the above observations. Consequently, captioned WMP is closed. There shall be no order as to costs.

21.12.2022 Index: yes/no pgp 8/10

To 1.Deputy Commissioner of Customs (EODC-EPCG) Office of Commissioner of Customs Chennai - II (Import), Custom House, No.60, Rajaji Salai, Chennai - 600 001.

2.Additional Director General of Foreign Trade 4th Floor, Shastri Bhavan Annexe 26, Haddows Road, Chennai - 600 006.

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M.SUNDAR, J., pgp and W.M.P.No.33077 of 2022 in W.P.No. 33620 of 2022 Dated : 21.12.2022 10/10