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Madras High CourtWP/27290/2004disposed of

M/S Suresh Enterprises v. The Customs Excise & Service

2017-07-11Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE T. SIVAGANANAM W.P.No.27290 of 2004 and W.P.M.P.No.33200 of 2004 M/s.Suresh Enterprises Rep. By its Proprietor, Mrs.M.Manimozhi.

.. Petitioner Vs.

1.The Customs, Excise & Service Tax Appellate Tribunal, South Zonal Bench, Shastri Bhavan Annexe, 1st Floor, Haddows Road, Nungambakkam, Chennai.

2.The authorized Officer & Deputy Commissioner of Central Excise, Madurai I Division, Central Revenue Buildings, Bibikulam, Madurai 625 002.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuing a Writ of Mandamus, directing the second respondent not to give effect to the Notice of Demand dated 14.09.2004 in C.No.IV/16/100/2004-TRC, till the disposal of the Stay Application by the First respondent in Application No.E/PD/000332/2003 in Appeal No.E/000678/2003. For Petitioner : Mr.Rathina Asohan For Respondents : Mr.T.Pramodkumar Chopda *****

ORDER

This Writ Petition has been filed praying for issuance of a Writ of Mandamus, directing the second respondent not to give effect to the Notice of Demand dated 14.09.2004 in C.No.IV/16/100/2004-TRC, till the disposal of the Stay Application by the First respondent in Application No.E/PD/000332/2003 in Appeal No.E/000678/2003. https://hcservices.ecourts.gov.in/hcservices/

2. The learned Standing Counsel appearing for the second respondent would submit that due to non fulfillment of the direction issued, the Tribunal has dismissed the petitioner's appeal and the petitioner has filed an application for restoration and thereafter, appeal has been restored on depositing a sum of Rs.2,00,000/- on 23.05.2015 in the place of immovable property security.

3. In the light of the subsequent development, no fresh order is required. Therefore, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar vsm To 1.The Customs, Excise & Service Tax Appellate Tribunal, South Zonal Bench, Shastri Bhavan Annexe, 1st Floor, Haddows Road, Nungambakkam, Chennai.

2.The authorized Officer & Deputy Commissioner of Central Excise, Madurai I Division, Central Revenue Buildings, Bibikulam, Madurai 625 002.

+1 cc to Mr.T.Pramod kumar Chopda Advocate sr 49005 W.P.No.27290 of 2004 msm(co) aa17/08/2017 https://hcservices.ecourts.gov.in/hcservices/