The High Court at Madras dismissed a writ petition filed by M/s. Pentamedia Graphics Limited as infructuous. The petition sought to stop enforcement adjudication pending an RBI waiver request, which had by then been rejected, rendering the relief sought moot.
No relief granted; petition dismissed as infructuous.
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 : 19.04.2022
CORAM
THE HONOURABLE MR. JUSTICE M.GOVINDARAJ
W.P.No.8311 of 2010 and M.P.No. 1 of 2010
M/s.Pentamedia Graphics Limited, No.25, Ist Main Road, United India Colony, Kodambakkam, Chennai - 24. Rep. by its Chairman and Chief Executive Officer V.Chandrasekaran. ...Petitioner Vs.
PRAYER: The Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to forbear the second respondent from in any way proceeding with the adjudication of the show cause notice dated 19.11.2009 made in No.T-4/9-CHE/2009 in view of the pendency and consideration by the RBI for waiver of non realisation of Export proceeds as duly recommended by the authorised dealer as the initiation of the proceedings themselves are prematures.
For Petitioner : M/s.W.Naveen for Salaivarun For Respondent Nos.1 and 2 : M/s.Rajnish Pathiyil For Respondent No.3 : M/s.T.Poornam
O R D E R
Today, when the matter is taken up for hearing, the learned counsel for the third respondent submits that the Writ Petition is filed seeking a direction to the second respondent from proceedings with the adjudication of the show cause notice dated 19.11.2009 during the pendency and consideration by the Reserve Bank of India for waiver of nonrealisation of Export proceeds and during the pendency of the Writ Petition, the Reserve Bank of India has rejected the request of the petitioner.
Sd/-
Assistant Registrar (CS-VI)
//True Copy//
Sub Assistant Registrar
asi
To
3.The Deputy General Manager, Reserve Bank of India, 16, Rajaji Salai, Foreign Exchange Department, Chennai - 600 001.
+1cc to Mr.Rajnish Pathiyil, Special Public Prosecutor SR. No.26733
+1cc to M/s.T.Poornam, Advocate SR. No. 27300
W.P.No.8311 of 2010 and M.P.No. 1 of 2010
SPD (CO) PR (29/04/2022)
M/s. Pentamedia Graphics Limited
Union of India
The Special Director, Directorate of Enforcement
The Deputy General Manager, Reserve Bank of India
M. Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
