M/S.M.M.B.Exports Private Ltd. v. The Member Secretary Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.07.2017

CORAM:

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.No.28601 of 2004 and W.P.M.P.Nos.34724 of 2004 M/s.M.M.B.Exports Private Limited, Rep. by its Director, Mr.S.Ganesan, New No.12, Old No.882, Dr.A.Ramasamy Road, K.K.Nagar, Chennai - 600 078.

... Petitioner vs.

1.The Member Secretary of Appellate Authority, The Appellate Committee, Ministry of Textiles, Government of India, Udyog Bhavan, New Delhi - 110 011.

2.The Textile Commissioner, Office of the Textile Commissioner, New C.G.O.Building, 48, New Marine Lines, Mumbai - 400 020.

3.M/s.Apparel Export Promotion Council, Karumuthu Center, 634, Anna Salai, Teynampet, Chennai - 600 035.

4.The Manager, M/s.Indian Overseas Bank, Ashok Nagar Branch, 18, Natesan Salai, K.K.Nagar, Chennai - 600 078.

... Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a Certiorarified Mandamus to call for the records on the file of the third respondent in Ref.No.AEPC/C/BQ-EMD/BGCLAIM/OTH/1996/1724/2004, dated 21.09.2004 and to quash the same and to direct the first respondent herein to dispose of the appeal pending on their file

against the order dated 30.11.2000 passed by the second respondent, in accordance with law.

For Petitioner :

Mr.K.R.Ramesh Kumar For R1 to 3 :

Mr.J.Madhana Gopal Rao, CGSC For R4 :

Mr.V.Chandrakanthan

O R D E R

When Writ petition has been filed seeking for issuance of a Certiorarified Mandamus to call for the records on the file of the third respondent in Ref.No.AEPC/C/BQEMD/BGCLAIM/OTH/1996/1724/2004, dated 21.09.2004 and to quash the same and to direct the first respondent herein to dispose of the appeal pending on their file against the order dated 30.11.2000 passed by the second respondent, in accordance with law.

2.When the matter is taken up for hearing today, the learned counsel for the petitioner has submitted that without prejudice to the contention of both the parties, the appeal, which is pending before the first respondent may be directed to be disposed of.

3.Mr.J.Madhana Gopal Rao, learned Central Government Standing Counsel appearing for the first respondent has no objection for the same.

4.In view of the above, the writ petition is disposed of, with a direction to the first respondent that if the appeal is pending as on date, the same may be disposed of within a period of one month from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioner. If the petitioner fails to appear before the appropriate authority on the date of hearing, the appeal may be considered based on the available records. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar dn

To 1.The Member Secretary of Appellate Authority, The Appellate Committee, Ministry of Textiles, Government of India, Udyog Bhavan, New Delhi - 110 011.

2.The Textile Commissioner, Office of the Textile Commissioner, New C.G.O.Building, 48, New Marine Lines, Mumbai - 400 020.

+1 cc to Mr.J.Madhana Gopal Rao Advocate sr 50600 +1 cc to Mr.V.Chandrakanthan Advocate sr 50867 +1 cc to Mr.K.R.Ramesh Kumar Advocate sr 50465 W.P.No.28601 of 2004 kgk(co) aa08/08/2017