The High Court of Madras dismissed an unopposed writ petition seeking a writ of certiorari and mandamus to quash a customs assessment order regarding duty rates, due to the petitioner's non-appearance.
Writ petition dismissed for non-prosecution; connected miscellaneous petition dismissed; no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.09.2019 CORAM THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P. No.12289 of 2009 & M.P.No.2 of 2009
M/s.Bangalore Surgicals rep. By its partner Sundeep C Shah
...Petitioner
Vs 1. The Commissioner of Customs (Imports), No.60, Rajaji Salai, Chennai – 600 001. 2. The Deputy Commissioner (Sea Cargo) Chennai Customs House, Group 5B & C No.60, Rajaji Salai, Chennai – 600 001. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records of the 2nd respondent with regard to the assessment order in the Ex.Bond Bill of Entry No. in BF No./Dt./cc/Typ:233395/8/6/2009/N/X and quash the same, and consequently direct the 2nd respondent herein to release the goods covered under the said Bill of Entry by extending the concessional rate of customs duty @ 5% and nil rate of counterveiling duty (CVD) as per customs Notification 021/2002 363 (A) dated 1.3.2002 and Central Ecise Notification6/2006 CE dated 1.3.2006.
For Petitioner : No appearance
This Writ Petition was listed for hearing on 18.09.2019 when the petitioner was called absent. It was thus directed to be listed today under the caption 'for dismissal'. Even today, the
1/2
petitioner is unrepresented. Hence, the Writ Petition is dismissed for non-prosecution. No costs. Consequently, connected Miscellaneous Petition is also dismissed.
Sd/-
Assistant Registrar(CO)
//True Copy//
Sub Assistant Registrar
sl
To
1. The Commissioner of Customs (Imports),
No.60, Rajaji Salai, Chennai – 600 001.
2. The Deputy Commissioner (Sea Cargo)
Chennai Customs House, Group 5B & C
No.60, Rajaji Salai, Chennai – 600 001.
+1cc to Mr.Pramod Kumar Chopda, Advocate sr.81521
W.P. No.12289 of 2009
& M.P.No.2 of 2009
mp(co)
nr 31/10/2019
2/2
M/s. Bangalore Surgicals
The Commissioner of Customs (Imports)
The Deputy Commissioner (Sea Cargo)
Dr. Justice Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
