Madras High CourtWP(MD)/14084/2023allowed

M/S. Raghav Industries Limited v. The Assistant Commissioner Of Customs

2024-04-29Honourable Mr Justice C. Saravanan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2024

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD)Nos.11937, 11938, 11944, 11946, 11943, 11945, 11941 & 11942 of 2024 M/s.Raghav Industries Limited, Represented by its Director, Shri.Rajemndra Kumar Kanodia, 2nd Floor, Selvalaya Building, 1510H, Trichy Road, Coimbatore.

Presently at:

Flat No.6-A, B Block, Pioneer Apartments (Near Residency Hotel), 1075, Avinashi Road, Coimbatore - 641 018.

... Petitioner in all the W.Ps.

Vs.

1.The Assistant Commissioner of Customs, O/o. the Commissioner of Customs, Custom House, Tuticorin - 628 004.

2.The Deputy Commissioner of Customs (EPCG), O/o. the Commissioner of Customs, Custom House, Tuticorin - 628 004. ... Respondents in all the W.Ps. Prayer in W.P.(MD)No.14084 of 2023:- Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned Order-inPage No. 1 of 5

Original No.17/2018, dated 31.12.2018, in C.No.VIII/16/09/2018, passed by the first respondent, quash the same and direct the second respondent to release the bank guarantee/bond furnished with respect to EPCG License No.3230009344, dated 14.03.2007.

Prayer in W.P.(MD)No.14085 of 2023:- Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned Order-inOriginal No.32/2017, dated 27.01.2017, in C.No.VIII/10/11/2016-Adjn., passed by the first respondent, quash the same and direct the second respondent to release the bank guarantee/bond furnished with respect to EPCG License No.3230008129, dated 18.10.2006. Prayer in W.P.(MD)No.14086 of 2023:- Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned Order-inOriginal No.24/2018, dated 31.12.2018, in C.No.VIII/16/09/2018, passed by the first respondent, quash the same and direct the second respondent to release the bank guarantee/bond furnished with respect to EPCG License No.32300009259, dated 06.03.2007.

Prayer in W.P.(MD)No.14087 of 2023:- Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned Order-inOriginal No.26/2019, dated 09.01.2019, in C.No.VIII/16/09/2018, passed by the first respondent, quash the same and direct the second respondent Page No. 2 of 5

to release the bank guarantee/bond furnished with respect to EPCG License No.3230014371, dated 03.02.2010.

For Petitioner in all the W.Ps.

: Mr.Hari Radhakrishnan For Respondents in all the W.Ps.

: Mr.N.Dilipkumar Senior Standing Counsel Assisted by Mr.K.Prabhu Junior Standing Counsel COMMON ORDER By this common order, the respective impugned orders are set aside and the case is remitted back to the first respondent to pass a fresh order, considering the fact that the petitioner appears to have a proof for having fulfilled the export obligations and has also obtained redemption certificate from the Ministry of DGFT.

2. Considering the same, the impugned orders are set aside and the matters are remitted back to the first respondent to pass a fresh order on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. The petitioner shall file reply if any together with BRC / FRC / EODC, within a period of 30 days from the date of receipt of a copy of this order. The petitioner also shall cooperate with the respondents. Page No. 3 of 5

3. These Writ Petitions are allowed accordingly. No costs. Consequently, connected Miscellaneous Petitions are closed. Index : Yes/ No 29.04.2024 smn2 To 1.The Assistant Commissioner of Customs, O/o. the Commissioner of Customs, Custom House, Tuticorin - 628 004.

2.The Deputy Commissioner of Customs (EPCG), O/o. the Commissioner of Customs, Custom House, Tuticorin - 628 004.

Page No. 4 of 5

C.SARAVANAN , J.

smn2 Common order in 29.04.2024 Page No. 5 of 5