Madras High CourtWP(MD)/24292/2016withdrawn dismissed

M/S.P & C Constructions (P) v. The Commissioner

2021-07-16Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD).No.24292 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.07.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.24292 of 2016 and W.M.P.(MD).No.17551 of 2016 M/s.P&C Constructions (P) Ltd., Rep. by its Executive Director, P&C Towers, No.140, Perundurai Road, Erode - 638 011.

... Petitioner Vs.

1.The Commissioner, Madurai Municipal Corporation, Madurai.

2.The Assistant Commissioner of Central Excise, Erode I Division, No.81, Bharathi Nagar, Veerpanchathiram Post, Erode - 4.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the 1st respondent in proceedings JnS2/20248/2012, dated 02.11.2016 and quash the same as illegal and arbitrary and consequently directing the 1st respondent to settle the outstanding amount to the petitioner with interest at the rate of 12% per annum within a time frame fixed by this Court.

For Petitioner : Mr.B.Saravanan For Respondents : Mr.R.Murali for R1 Mr.S.Gurumurthy for R2

ORDER

The learned counsel appearing for the petitioner seeks permission of this Court to withdraw this Petition and he has also circulated a letter to the Registry to that effect.

2. In view of the above, the Writ Petition stands dismissed as withdrawn with liberty to the petitioner to work out his remedy through the arbitration proceedings. No costs. Consequently, the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.24292 of 2016 connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Commissioner, Madurai Municipal Corporation, Madurai.

2.The Assistant Commissioner of Central Excise, Erode I Division, No.81, Bharathi Nagar, Veerpanchathiram Post, Erode - 4.

+1 CC to M/s.R.MURALI, Advocate ( SR-22879[F] dated 16/07/2021 ) +1 CC to M/s.B.SARAVANAN, Advocate ( SR-23085[F] dated 19/07/2021 ) W.P.(MD).No.24292 of 2016 Dated :

16.07.2021 CM(CO) RK(27.07.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2