Madras High CourtWP/2617/2004disposed of

M/S.Narassimha Mills Ltd v. The Deputy Commisner Of

2017-08-24Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.08.2017

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.2617 of 2004 & W.P.M.P.No.3009 of 2004 M/s. Narasimha Mills Ltd.,Previously Rep. by its Director, Mr.Lakshmi Narasimhan, and now Rep by its Managing Director V. Senguttuvan Narasimhanaicken Palayam, Coimbatore - 641 031.

(Amended as per order dated 22.09.2017 made in W.M.P. No 24301/2017 in W.P. 2617/2004) ... Petitioner Vs.

1. The Deputy Commissioner of Central Excise (Division-I), Trichy Road, Coimbatore - 641 018.

2. M/s. Bhagawan Cotton Ginners Pvt. Ltd., Rep. by its Managing Director, S-916, South Street, Manipal Centre, 47, Dickinson Road, Banglore - 560 042.

... Respondents (R-2 is impleaded as per order dated 16.02.2004 in W.P.M.P.No.3617 of 2004) Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondent from attaching any movable or immovable properties or any other assets belonging to the petitioner for the non-payment of excise duty by Bhagawan Cotton Ginners Pvt. Ltd., Raichur, and further direct the respondent to claim the excise duty from Bhagawan Cotton Ginners Pvt. Ltd., Raichur in respect of the production of yarn, taken out by them at the mill premises of the petitioner.

For Petitioner : D. SHIVAKUMARAN For Respondents : Mr.K.S.Ramasamy Senior Panel Counsel for R1 No appearance for R2 https://hcservices.ecourts.gov.in/hcservices/

O R D E R

None appears for the petitioner. Learned Standing Counsel on instructions submitted that the entire excise duty and penalty has been remitted by the petitioner and there is no case pending against the petitioner.

2.Recording the same, the writ petition is closed. No costs. Consequently, the connected miscellaneous petition is also closed.

s/d- Assistant Registrar(CS-III) Dated: 21.09.2017 *Corrected order to be issued Sd/- Assistant Registrar(CS II) Dated: 21.12.2017 True Copy Sub-Assistant Registrar abr To To be substituted order 1.The Deputy Commissioner of Central already despatched on Excise (Division-I), 21.09.2017.

Trichy Road, Coimbatore - 641 018.

+1 CC to Mr.K.S. Ramasamy, advocate sr 69735. +1 CC to Mr.D. Shivakumaran, Advocate sr 69800. W.P.No.2617 of 2004 KK(CO) SP(21/09/2017) SP(21/12/2017) https://hcservices.ecourts.gov.in/hcservices/