The Madurai Bench dismissed a writ petition seeking quashing of an ex parte order as infructuous because the petitioner company was under liquidation. Liberty to initiate proceedings was granted.
The writ petition was dismissed as infructuous with liberty to initiate appropriate proceedings in accordance with law. No costs awarded.
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.
W.P(MD).No.2584 of 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.04.2022
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P(MD).No.2584 of 2012 and M.P(MD).No.1 of 2012
M/s.Shri Renuga Soft-X Towels, Rep. by its General Manager, Mr.N.P.Perumal Mariammankovilpatti, Theni-625 531. ... Petitioner Vs. 1.The Assistant Commissioner of Central Excise, Dindigul II Division, 5 Race Course Road, Dindigul-624005. 2.The Commissioner of Central Excise (Appeals), LalBahadurshastrimarg, C.R.Buildings, Madurai-625 002.
3.The Union of India, Rep by its Joint Secretary, Ministry of Finance, Department of Revenue, 14, Hudco Vishala Building, B Wing, 6th Floor, BhikajiCama Place, New Delhi-110066. ...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating to the order in File No.1455-1456/2011-CX, dated 31.10.2011 passed by the third respondent and quash the same.
For Petitioner : Mrs.M.N.Bharathi For R1 & R2 : Mrs.S.Ragaventhre Junior Standing Counsel For R3 : Mr.S.Jeyasingh Central Government Standing Counsel
1/2
W.P(MD).No.2584 of 2012
ORDER
Mrs.M.N.Bharathi, learned counsel for the petitioner submits that this writ petition has now become infructuous as the petitioner's Company under liquidation.
Sd/-
Assistant Registrar (CS-I)
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
sn
To
1.The Assistant Commissioner of Central Excise, Dindigul II Division, 5 Race Course Road, Dindigul-624005.
2.The Commissioner of Central Excise (Appeals), LalBahadurshastrimarg, C.R.Buildings, Madurai-625 002.
3.The Joint Secretary, The Union of India, Ministry of Finance, Department of Revenue, 14, Hudco Vishala Building, B Wing, 6th Floor, BhikajiCama Place, New Delhi-110066.
+1 CC to M/s.S. JEYASINGH, Advocate ( SR-16587[F] dated 05/04/2022 ) W.P(MD).No.2584 of 2012 05.04.2022 RD(20.04.2022) 2P 5C
2/2
2 issues framed by the court
Whether the writ petition is maintainable given the petitioner's company status.
Whether the petition is infructuous due to the company's liquidation.
1 provisions across 1 enactments
M/s. Shri Renuga Soft-X Towels
The Assistant Commissioner of Central Excise, Dindigul II Division
The Commissioner of Central Excise (Appeals)
The Union of India
C. Saravanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
