M/S.R.C.Impex, v. Union Of India,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Friday, the Nineteenth day of July Two Thousand Nineteen PRESENT The Hon`ble Dr.Justice ANITA SUMANTH WP(MD) No.5388 of 2019 M/S.R.C.IMPEX, REP.BY ITS PROPRIETOR S.CHELLAPPA ... PETITIONER Vs 1 UNION OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, THROUGH THE SECRETARY, NORTH BLOCK, NEW DELHI-110 001 2 THE CHAIRMAN, CENTRAL BOARD OF INDIRECT TAXES & CUSTOMS, NORTH BLOCK, NEW DELHI-110 001 3 THE COMMISSIONER OF CUSTOMS, CUSTOM HOUSE, NEW HARBOUR ESTATE, TUTICORIN-628 004 ... RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to issue a Writ of Mandamus directing the respondents herein to allow clearance of the goods viz., 280 MTS., viz.

, 5600 Bags of Ordinary Portland Cement, Grade 53, shipped vide Bill of lading No. MAX / KAR / 0824 / 1819, dated 11/02/2019, and 280 MTS., Viz 5600 Bags of Ordinary Portland Cement, Grade 53, shipped vide Bill of Lading No. HDMUKNIU0203219, dated 15/02/2019, applying the Tariff Rate of Duty as per customs Tariff Heading No.2523 for Cement without insisting the increased Rate of Duty as per Notification No.05/2019- Customs, dated 16.02.2019, for the subject goods which was shipped on 11.02.2019 and 15.02.2019.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.A.K.JAYARAJ, Advocate for the petitioner, the court made the following order:- Despite more than half a dozen opportunities having been extended to the first respondent to file counter, even today, learned counsel only seeks more time.

https://hcservices.ecourts.gov.in/hcservices/

2. Learned counsel further states that no co-operation has been extended by the officials and despite several requests from him, no parawise remarks have been forwarded by them. As a last chance, list this matter on 29.07.2019. Counter be filed by then

3. Pleadings as far as the second and third respondents are concerned, are complete.

sd/- 19/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SECRETARY, UNION OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI-110 001 2 THE CHAIRMAN, CENTRAL BOARD OF INDIRECT TAXES & CUSTOMS, NORTH BLOCK, NEW DELHI-110 001 3 THE COMMISSIONER OF CUSTOMS, CUSTOM HOUSE, NEW HARBOUR ESTATE, TUTICORIN-628 004 +1CC TO Mr.K.BAALASUNDHARAM, Advocate, Sr No.12009

ORDER

IN WP(MD) No.5388 of 2019 Date :19/07/2019 MS/PN/SAR-2/23.07.2019/2P.5C https://hcservices.ecourts.gov.in/hcservices/