M/S.Olam Enterprises India Pvt v. The Commissioner Of Customs,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Fifth day of September Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice P.VELMURUGAN and The Hon`ble Mr.Justice K.K. RAMAKRISHNAN IN CMA(MD) No.105 of 2019 M/S.OLAM ENTERPRISES INDIA PVT, LTD, BRANCH SI.NO.4,12/82, THAINVILLAI, PADATHALMOODU, VILAVANCODE, KANYAKUMARI DISTRICT. 629 194. ... PETITIONER/RESPONDENT/ RESPONDENT Vs THE COMMISSIONER OF CUSTOMS, CUSTOM HOUSE, NEW HARBOUR HOUSE, TUTICORIN 628 004.

... RESPONDENT/PETITIONER/ APPELLANT Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to vacate the stay granted in CMP(MD) No.1195 of 2019 in CMA(MD) No.105 of 2019 dated 11.02.2019 by this Honourable Court and thus render justice. PRAYER IN CMA(MD).105/2019:

Pleased to consider above appeal and set aside the impugned order of the Tribunal in Final Order No.40459/2018 dated 19.02.2018. 1/3

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.JOSEPH PRABAKAR, Advocate for the petitioner and of Mr.R.NANDAKUMAR, Senior Standing Counsel on behalf of the Respondent, the court made the following order:- This petition has been filed to vacate the stay granted in CMP(MD)No.1195 of 2019 in CMA(MD)No.105 of 2019 dated 11.02.2019.

2. Since this petition is filed five years back, now this Court is inclined to take up the main appeal itself for disposal on merits. Therefore, this civil miscellaneous petition is closed.

3. At request of the learned counsel for the appellant, the Registry is directed to list the main appeal on 26.09.2024. No further adjournments will be entertained. sd/- 05/09/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PJL TO 1 THE PRESIDING OFFICER, CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL, SOUTH ZONAL BENCH, CHENNAI.

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2 THE COMMISSIONER OF CUSTOMS, CUSTOM HOUSE, NEW HARBOUR HOUSE, TUTICORIN 628 004.

COPY TO:

THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN IN CMA(MD) No.105 of 2019 Date :05/09/2024 SA/VR/SAR. /18.09.2024/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3