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Madras High CourtCMP(MD)/4205/2024ordered

The Commissioner Of Customs v. Srinidhi Fabrics Pvt Ltd.,

2024-03-25Honourable Mrs Justice V.Bhavani Subbaroyan,Honourable Mr Justice K.K. Ramakrishnan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Fifth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice V.BHAVANI SUBBAROYAN and The Hon`ble Mr.Justice K.K. RAMAKRISHNAN in CMA(MD) SR No.17950 of 2019 THE COMMISSIONER OF CUSTOMS CUSTOMS HOUSE, NEW HARBOUR ESTATE, THOOTHUKUDI-628 004 ... Petitioner / Appellant Vs SRINIDHI FABRICS PVT LTD., NO.18, THIRUNAGAR COLONY, ERODE-628 003 ... Respondent / Respondent Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay in the representation of 651 days in the Civil Miscellaneous Appeal (MD) Sr.No.17950 of 2019.

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Prayer in CMA(MD) SR No.17950 of 2019:

To allow the appeal and set aside the impugned final order No.40575 of 2017 dated 05.04.2017 dated 05.04.2017 passed by the CESTAT, Chennai. ORDER : This civil miscellaneous petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/s.N.DILIPKUMAR, Advocate for the petitioner, the Court made the following order:- (Order of the Court was made by V.BHAVANI SUBBAROYAN,J) This Petition is filed to condone the delay of 651 days in representing the appeal.

2.Heard the learned counsel appearing for the Petitioner and perused the materials available on record.

3. For the reasons stated in the accompanying affidavit filed in support of this Petition and on being satisfied with the same, the delay of 651 days in representing the appeal is condoned and this petition is allowed on condition that the petitioner shall pay a sum of Rs.500/- (Rupees Five Hundred only) towards costs to the Madras High Court Madurai Bench Advocate Clerk's Welfare Association, Madurai in Account No.496039124, High Court, Madurai Bench today itself. The petitioner shall produce the receipt to the Registry on 26.03.2024 and after receipt of the same, 2/4

the registry is directed to number the same if it is otherwise in order and post the appeal for admission on 27.03.2024.

sd/- 25/03/2024 / TRUE COPY / 26/03/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

AM To The Commissioner, Customs, Excise and Service Tax Appellate Tribunal, Chennai.

Copy to:

1.The Sub Assistant Registrar, AE Section, Madurai Bench of Madras High Court, Madurai.

2.The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.

3.The Officer Incharge, Madras High Court Madurai Bench Advocate Clerks Welfare Association, Madurai.

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ORDER

IN in CMA(MD) SR No.17950 of 2019 Date :25/03/2024 ED/ /SAR- (26/03/2024) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4