M/S. Sterlite Industries (I) v. Union Of India,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.09.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and M.P.(MD)No.1 of 2012 M/s.Sterlite Industries (I) Limited, SIPCOT Industrial Complex, Madurai Bypass Road, T.V.Puram, P.O.Tuticorin-628 002, represented by its Associate General Manager, Mukul Agarwal.

... Petitioner Vs.

1.Union of India, through the Secretary, Ministry of Finance, Department of Revenue, New Delhi.

2.The Assistant Commissioner of Central Excise, Tuticorin Division, C-50, SIPCOT Industrial Complex, Madathur, Tuticorin-628 008.

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3.The Commissioner of Central Excise, Central Revenue Building, NGO A Colony, Tractor Road, Tirunelveli-627 007.

4.The Chief Commissioner of Central Excise, Coimbatore Zone, 6/7, ATD Street, Race Course Road, Coimbatore-641 018.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records and proceedings connected with the show cause notice dated 20.07.2012 issued in C.No.IV/16/14/2011-Tech (PF-1) by the 2nd respondent to quash the same. For Petitioner : No appearance For R1 : Mr.R.Murugappan For R2 to 4 : Mr.R.Nandakumar Senior Standing Counsel assisted by M/s.S.Ragaventhre Junior Standing Counsel *****

O R D E R

This writ petition is filed for issuance of a writ of Certiorari, to call for the records and proceedings connected with the show cause notice dated 20.07.2012 issued by the 2nd respondent to quash the same. 2/4

2.The learned Senior Standing Counsel appearing for the respondents 2 to 4 submitted that it is only a show cause notice. Subsequently, the petitioner had also submitted objections to the show cause notice and the enquiry is pending.

3.More over, it is seen from the records that there is no interim order of stay in this writ petition. Since the petitioner has participated in the enquiry, nothing survives for adjudication.

4.Hence, the writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed. 20.09.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No Tmg 3/4

S.SRIMATHY, J.

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