M/S.Universal Enterprises v. The Deputy Commissioner Of Customs (Brc-Dbk)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.12.2024 CORAM :

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.37270 of 2024 M/s.Universal Enterprises, E/213, Vivek Apartment, CST Road, Kalina, Santacruz (E) Mumbai - 400 098, Rep. by its Proprietrix Mrs.Arwa Ebrahim Sura ... Petitioner Vs.

1.The Deputy Commissioner of Customs (BRC-DBK) O/o The Commissionerate of Customs, Chennai IV, 2.The Deputy Commissioner of Customs (ARC) Arrear Recovery Cell, O/o The Commissionerate of Customs (Exports), ... Respondents Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the respondents herein to provide the petitioner with a certified copy of the order in Original No.90385/2022 dated 27.05.2022, said to have been passed by the first respondent herein, by considering the representation of the petitioner dated 18.11.2024, so as to entitle the petitioner to proceed in a manner known to law. Page No.1 of 5

For Petitioner :

Mr.S.Baskaran For Respondents :

Mr.J.Hari Krishna, Junior Standing Panel Counsel

O R D E R

This writ petition has been filed to direct the respondents to consider the petitioner's representation dated 18.11.2024.

2. At the outset, learned Junior Standing Panel Counsel appearing for the respondents would submit that the representation of the petitioner dated 18.11.2024 would be considered by the respondents and orders passed within a period of four weeks from the date of receipt of a copy of this order and the same was agreed by the learned counsel for the petitioner.

3. In view of the above, taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the respondents to consider the petitioner's representation dated 18.11.2024, on its own merits and pass Page No.2 of 5

appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner and any other interested persons/stake holders, within a period of four (4) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any views with regard to the merits of the representation, the concerned respondent shall consider the representation on its own merits and in accordance with law.

4. This writ petition is disposed of with the aforesaid directions. No costs.

06.12.2024 (vm) Index :

Yes/No Speaking Order :

Yes/No :

Yes/No To:

1.The Deputy Commissioner of Customs (BRC-DBK) O/o The Commissionerate of Customs, Chennai IV, Page No.3 of 5

2.The Deputy Commissioner of Customs (ARC) Arrear Recovery Cell, O/o The Commissionerate of Customs (Exports), J.SATHYA NARAYANA PRASAD,J.

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