The High Court allowed the withdrawal of a writ petition challenging a Show Cause Notice under Customs Bhulekharal regulations, noting a fresh cause of action had arisen due to adjudication.
Writ petition dismissed as withdrawn.
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: 16.12.2020
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH
W.P. No.15685 of 2020
and
WMP. No.19529 of 2020
M/s.Aristo Shipping Services,
No 20 Narayanappa Street,
Room No 3 I st floor Mannady,
Chennai-1 Rep by its Partner,
Mr.S.Lakshmipathy
…Pettioner
Vs
1 The Principal Commissioner of Customs,
Chennai- VIII Commissionereate,
No.60, Rajaji Salai, Customs House,
Chennai-1.
2 The Assistant Commissioner of customs,
Inquiry officer Commissionerate IV,
No 60, Rajai Salai, Customs House,
Chennai-1. …Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records pertaining to show cause Notice dated 30.8.2019 in F. NO R-32/2009-CHA- Case File issued by the 1st Respondent herein and to quash the same insofar as no further proceedings has been carried out in terms of regulation 17(5) and 17(7) of CBLR which mandates the Submission of inquiry report by the 2nd Respondent within 90 days from the date of issuance of Show cause notice and the further order to be passed by the 1st respondent Principal Commissioner within 90 days from the date of issuance of inquiry report by the 2nd Respondent and the non-compliance of the same vitiates further proceedings under the impugned show cause notice.
For Petitioner : Mr.S.Baskaran For Respondents : Mr.K.S.Ramasamy, Junior Standing Counsel *********
O R D E R
Learned counsel for the petitioner has filed a memo on behalf of the petitioner under cover of email dated 16.12.2020 seeking withdrawal of the Writ Petition. The memo reads as follows:
MEMO FILED ON BEHALF OF THE PETITIONER
It is respectfully submitted as under:
In view of the said submissions, it is respectfully prayed that this Hon’ble Court may be pleased to permit the petitioner to withdraw the said writ petition in W.P.No.15685 of 2020 on the file of this Hon’ble Court and thus render justice.
-sd-
Assistant Registrar
//True copy//
Sub Assistant Registrar
To
1 The Principal Commissioner of Customs,
Chennai- VIII Commissionereate,
No.60, Rajaji Salai, Customs House,
Chennai-1.
2 The Assistant Commissioner of customs,
Inquiry officer Commissionerate IV,
No 60, Rajai Salai, Customs House,
Chennai-1.
•
1 cc to MR.K.S.RAMASAMY, Jr.Standing Counsel, SR.NO. 41523
W.P. No.15685 of 2020
and
WMP. No.19529 of 2020
RR (CO)
RRI 21/01/2021
3 provisions across 2 enactments
M/s. Aristo Shipping Services
The Principal Commissioner of Customs
The Assistant Commissioner of customs
ANITA SUMANTH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
