Madras High CourtWP(MD)/432/2020withdrawn dismissed

M/S.Sunrise Chemicals Pvt., Ltd v. The Commissioner Of Customs

2020-09-18Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.432 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.432 of 2020 and W.M.P.(MD)Nos.337 & 338 of 2020 M/s.Sunrise Chemicals Pvt., Ltd., Rep by its Director Mrs.Suman Rungta, Regd.Office:21, Abanindra Nath Thakur Sarani (Formerly known as Camac Steet), Bells House, 8th Floor, Kolkatta - 700 016.

... Petitioner Vs.

1.The Commissioner of Customs, Custom House, New Harbour Estate, Tuticorin - 628 004.

2.The Assistant Commissioner of Customs (Disposal), Custom House, New Harbour Estate, Tuticorin - 628 004.

3.M/s. Chola Logistics Pve., Ltd., Container Freight Station, 121, Harbour Express Road, Tuticorin - 628 008.

... Respondents Prayer:

Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to issue "Detention Certificate" for Waiver of Demurrage / Ground Rent Charges in terms of Regulation 6 (1) (1) of Handling of Cargo in Customs Areas Regulations, 2009, which had accrued not due any fault of the petitioner for the goods viz., 27 MTS., of Raw Cashew Nuts in Shell imported vide Bill of Entry No.3599183, dated 10.06.2019, and Bill of Lading No.COSU6066497171, and further direct the respondents to honour the same by giving delivery of the above goods to the writ petitioner without insisting demurrage / ground rent. For Petitioner : Mr.A.K.Jeyaraj For R1 & R2 : Mr.B.Vijaya Karthikeyan Standing Counsel For R3 : Mr.R.J.Karthik https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.432 of 2020

O R D E R

The learned counsel appearing for the petitioner seeks permission of this Court to withdraw this writ petition and also sent a letter to the Registry to this effect. 2.Permission is granted. The writ petition is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(AS) // True Copy // / /2020 Sub Assistant Registrar(CS) ias Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.The Commissioner of Customs, Custom House, New Harbour Estate, Tuticorin - 628 004.

2.The Assistant Commissioner of Customs (Disposal), Custom House, New Harbour Estate, Tuticorin - 628 004.

+1 CC to M/s.B. VIJAY KARTHIKEYAN, Advocate ( SR17359[F] dated 18/09/2020 ) W.P.(MD)No.432 of 2020 and W.M.P.(MD)Nos.337 & 338 of 2020 18.09.2020 SCR(CO) TR(18.09.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2