Madras High CourtWP(MD)/12016/2013closed

M/S.Kely Exports & Imports. v. Customs, Excise And Service

2018-10-31Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.10.2018

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P(MD)No.12016 of 2013 and M.P.(MD).Nos.1 to 3 of 2013 M/s.Kely Exports and Imports, rep. by its Proprietor Mr.Abdur Rahman, Perigodan Complex, Parappur Road, Kottakal, Mallapuram District, Kerala - 676 503.

.. Petitioner Vs.

1.The Customs, Excise and Service Tax Appellate Tribunal, Shastri Bhavan, Annexe Building, 1st Floor, 26, Haddows Road, Chennai - 600 006.

2.The Commissioner of Customs, Custom House, New Harbour Estate, Tuticorin - 628 004.

3.The Assistant Commissioner of Customs, (Arrears of Recovery Cell), Custom House, New Harbour Estate, Tuticorin - 628 004.

.. Respondents Writ Petition has been filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, to call for the records relating to the proceedings in File No.C.No.VIII/48/89/2013-Arrears, dated 15.03.2013, on the file of the third respondent and quash the same.

For petitioner : Mr.A.K.Jayaraj For respondents : Mr.R.Aravindan

ORDER

When this Writ Petition is taken up for hearing today, the learned counsel appearing for both sides submitted that in view of the interim order passed by this Court, the stay petition / waiver application filed by the petitioner along with the statutory appeal has been disposed of by the Customs Excise and Service Tax Appellate Tribunal (CESTAT) and as the matter attained finality before CESTAT, nothing survives for adjudication in this matter and hence, https://hcservices.ecourts.gov.in/hcservices/

this writ petition may be closed.

2. Recording the above submission, this Writ Petition is closed. No cost. Consequently, connected miscellaneous petitions are also closed.

Sd/ Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar(CS-III) To 1.The Customs, Excise and Service Tax Appellate Tribunal, Shastri Bhavan, Annexe Building, 1st Floor, 26, Haddows Road, Chennai - 600 006.

2.The Commissioner of Customs, Custom House, New Harbour Estate, Tuticorin - 628 004.

3.The Assistant Commissioner of Customs, (Arrears of Recovery Cell), Custom House, New Harbour Estate, Tuticorin - 628 004.

+1cc to Mr.R.Aravindan, Advocate, SR.No. 94310 W.P(MD)No.12016 of 2013 31.10.2018 GCG KK/PM/SAR-3/13.12.2018/2P-5C https://hcservices.ecourts.gov.in/hcservices/