M/S.Gold Processor Rep By Its Proprietor v. Dinesh K.Chakkravarthy Lrs

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.02.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU M/s.Gold Processors Rep by is Proprietor, Mr.Abhishek Dhawan, Plot No.85, Pritam Singh Nagar, Bhamian Kalan, Ludhiana-141 008, Punjab.

... Petitioner/Petitioner -vs1.Mr.Dinesh K.Chakaravarthy, LR.S., Commissioner of Customs, Customs House, New Harbour Estate, Turicorin-628 004.

2.Mr.G.Munisamy, I.R.S., Assistant Commissioner of Customs (Exports), Customs House, New Harbour Estate, Tuticorin-628 004.

3.Mr.A.M.M.Kannan, I.R.S., Assistant Commissioner of Customs (SIIB), Customs House, New Harbour Estate, Tuticorin-628 004.

...Contemnors/ Respondents 1 to 3 Prayer:- Contempt Petition filed under Section 11 of Contempt of Courts Act, 1971, praying to punish the respondents under Section 11 of he Contempt of 1/4

Court Act for having willfully and deliberately disobeying the order of this Court passed in W.P. (MD)Nos. 10363 of 2021 dated 29.07.2021. For Petitioner :

Mr. A.K.Jayaraj For Respondents :

Mr. N.Dilipkumar

O R D E R

Heard Mr. A.K.Jayaraj, Learned Counsel appearing for the Petitioner and Mr. N.Dilipkumar, Learned Counsel for the Respondents and perused the materials placed on record, apart from the pleadings of the parties. 2.

The Contempt Petition is prosecuted for non-compliance of the order dated 29.07.2021 in W.P. (MD) No. 10363 of 2021, in which a direction had been issued to the Respondents to permit the Petitioner to take back the cargo to their premises comprising of "Readymade Garments" presented for the export vide shipping Bill Nos. 1123305, 1122442, 1122472, 1122443, 1122483 and 1122478 all dated 15.04.2021 without insisting Bank Guarantee. 3.

Learned Counsel for the Respondents produced a copy of the order No.CBCIC-DIN- 20220581OH0000020970, dated 31.05.2022 passed by the Second Respondent allowing provisional release subject to certain conditions in furtherance to the order dated 29.07.2021 in W.P. (MD) No. 10363 of 2021 2/4

passed by this Court, which is placed on record. Learned Counsel for the Petitioner has acknowledged receipt of its copy today in Court. Nothing remains for further consideration in the matter. In fine, the Contempt Petition is closed.

08.02.2023 Index: Yes/No NCC: Yes/No ta Note: Issue order copy by 23.02.2023.

To 1.Mr.Dinesh K.Chakaravarthy, LR.S., Commissioner of Customs, Customs House, New Harbour Estate, Turicorin-628 004.

2.Mr.G.Munisamy, I.R.S., Assistant Commissioner of Customs (Exports), Customs House, New Harbour Estate, Tuticorin-628 004.

3.Mr.A.M.M.Kannan, I.R.S., Assistant Commissioner of Customs (SIIB), Customs House, New Harbour Estate, Tuticorin-628 004.

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P.D. AUDIKESAVALU, J.

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