M/S.Pacific Logicare Serivces Llp v. The Principal Commissioner Of Customs(General),
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.11.2024
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ M/s.Pacific Logicare Services LLP, Room No.1/23, 1st Floor, Vathiyar Kandhappa Street, Choolai, Chennai-600 112.
Rep. By its partner Pawan Kumar Sant Singh ... Petitioner Vs.
1.The Principal Commissioner of Customs (General), Chennai Customs Zone, Customs House, No.60, Rajaji Salai, Chennai-600 001.
2.The Asst/Deputy Commissioner of Customs, (Customs Broker Section), O/o.The Principal Commissioner of Customs (General), Customs House, No.60, Rajaji Salai, Chennai-600 001.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 1st Respondent herein to implement the Final Order No.40667/2024 dated 14.06.2024 in Customs Appeal No.40642 of 2023, passed by the learned CESTAT (Customs, Excise and Service Tax Appellate Tribunal), Chennai which had by set aside the order or revocation passed by the 1st Respondent, thus paving way for the operation of the petitioner CHA license bearing No.R-309/2014 (PAN No.AAOFP8947RCH002) 1/4
and for a further direction to the Respondents to renew the petitioner's CHA License bearing No.R-309/2014 (PAN No.AAOFP8947RCH002). For Petitioner : Mr.S.Baskaran For Respondents : Mr.T.Nalinidhar Central Government Standing Counsel
ORDER
The present writ petition is filed praying for a writ of Mandamus to direct the 1st Respondent herein to implement the Final Order No.40667/2024 dated 14.06.2024 in Customs Appeal No.40642 of 2023, passed by the learned CESTAT (Customs, Excise and Service Tax Appellate Tribunal), Chennai.
2. Today when the matter was taken up for hearing, the learned counsel for the petitioner submitted that the orders of the Tribunal has been complied with vide proceedings of the 1st Respondent dated 22.11.2024 and therefore nothing survives for adjudication, which was agreed to by the learned counsel for the Respondents. The relevant portions of the proceedings dated 22.11.2024 is extracted hereunder:
"Please refer to your letter dated 07.08.2024. Seeking permission to re-active the Customs Broker Licence No.R309/2014-CBS, in view of the Final Order No.40667/2024 dated 14.06.2024 passed by the Hon'ble CESTAT.
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In view of the orders of Hon'ble CESTAT, Customs Broker License R-309/2014-CBS has been reissued and you are hereby allowed to operate the CB Licence, subject to the fulfillment of conditions specified in CBLR, 2018.
This is issued with the approval of the Competent Authority."
3. Recording the same, the writ petition stands closed. No costs. 25.11.2024 Speaking (or) Non Speaking Order Index : Yes/ No mka To:
1.The Principal Commissioner of Customs (General), Chennai Customs Zone, Customs House, No.60, Rajaji Salai, Chennai-600 001.
2.The Asst/Deputy Commissioner of Customs, (Customs Broker Section), O/o.The Principal Commissioner of Customs (General), Customs House, No.60, Rajaji Salai, Chennai-600 001.
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MOHAMMED SHAFFIQ, J.
mka 25.11.2024 4/4