Madras High CourtWP(MD)/30909/2023disposed of

M/S. Sreema Nets v. The Commissioner Of Customs

2023-12-22Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI M/s.Sreema Nets, Represented by its Administrative Officer K.Sreekumar, 4-41/G, Gurukulam Road, Erumbukadu PO, Nagercoil. .. Petitioner vs.

1.The Commissioner of Customs, Chennai-II Customs Commissionerate, Custom House, Chennai.

2.The Deputy Commissioner of Customs (Imports), Chennai II Customs Commissionerate, Customs House, Chennai. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus, directing the second respondent to consider the refund application dated 27.03.2023 and the representation dated 29.03.2023 for release of the Bank Guarantee and Refund of the Security amount, within stipulated period as may be fixed by this Court. 1/4

For Petitioner : Mr.S.Karunakar For Respondents : Mr.R.Nandhakumar Standing Counsel *****

O R D E R

The petitioner, with a grievance that his representations dated 27.03.2023 and 29.03.2023 made for release of the Bank Guarantee and refund of the security amount have not been considered by the second respondent, has filed this Writ Petition.

2. The learned counsel appearing for the petitioner submits that the petitioner has submitted the representations on 27.03.2023 and 29.03.2023 seeking to release the Bank Guarantee and refund the security amount, which he has given as security for import and export of Nylon Mono Filament Yarn, however, the same have not been considered.

3. Mr.R.Nandha Kumar, the learned Standing Counsel takes notice for the respondents.

2/4

4. In view of the limited relief as sought for in the present writ petition, this Court is inclined to direct the second respondent to consider the representations made by the petitioner on 27.03.2023 and 29.03.2023 and take a decision on the petitioner's representations on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

5. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

22.12.2023 Index :

Yes / No NCC :

Yes / No Internet :

Yes ssb To 1.The Commissioner of Customs, Chennai-II Customs Commissionerate, Custom House, Chennai.

2.The Deputy Commissioner of Customs (Imports), Chennai II Customs Commissionerate, Customs House, Chennai.

3/4

B.PUGALENDHI, J.

ssb 22.12.2023 4/4