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Madras High CourtWP/39415/2024withdrawn dismissed

M/S.Til Healthcare Private Limited v. The Commissioner Of Customs (Appeals-I)

2025-01-02Honourable Mr Justice Mohammed Shaffiq5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.01.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P. No.39415 of 2024 M/s.TIL Healthcare Private Limited, represented by its Authorized Signatory, Mr.R.Vijayaragavan, having its registered office at:

"Tagros House", 3rd Floor, New No.4 (Old No.10), Club House Road, Anna Salai, Chennai 600 002.

..Petitioner Vs.

1. The Commissioner of Customs (Appeals-I), Office of the Commissioner of Customs (Appeals), New Customs House, 3rd Floor, No.60, Rajaji Salai, Chennai 600 001.

2. The Deputy Commissioner of Customs (BRC-DBK), Office of the Commissioner of Customs (IV), Customs House, 5th Floor, 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, to remand / remit this case

to the 2nd respondent for a de novo consideration on merits, upon the petitioner being provided with an opportunity to file a detailed reply along with all the relevant supporting documents in Ref.No-IEC No.0491006993 dated 25.03.2021 as well as to grant the petitioner a personal hearing.

For Petitioner : Ms.Sharnya Vaidhiyanathan For Respondents : Mr.J.Vasu Standing Counsel

ORDER

The present writ petition is filed praying for a mandamus to remand / remit this case to the 2nd respondent for a de novo consideration on merits, upon the petitioner being provided with an opportunity to file a detailed reply along with all the relevant supporting documents in Ref.No-IEC No.0491006993 dated 25.03.2021 and to grant the petitioner a personal hearing.

2. The learned Counsel for the petitioner seeks permission of this Court to withdraw the writ petition with liberty to file fresh writ petition challenging the order in original dated 27.03.2021 and has also made an endorsement to that effect.

3. Recording the submission and endorsement made by the learned counsel for the petitioner, the writ petition stands dismissed as withdrawn with liberty to file a fresh writ petition challenging the order in original dated 27.03.2021. No Costs.

02.01.2025 Speaking (or) Non Speaking Order Index:Yes/No spp

To:

1. The Commissioner of Customs (Appeals-I), Office of the Commissioner of Customs (Appeals), New Customs House, 3rd Floor, No.60, Rajaji Salai, Chennai 600 001.

2. The Deputy Commissioner of Customs (BRC-DBK), Office of the Commissioner of Customs (IV), Customs House, 5th Floor, No.60, Rajaji Salai, Chennai 600 001.

MOHAMMED SHAFFIQ, J.

spp W.P. No.39415 of 2024 02.01.2025