A writ petition challenging specific customs and foreign trade circulars as arbitrary and ultra vires was dismissed for want of prosecution due to repeated adjournments and lack of petitioner interest.
None; deed of dismissal due to lack of prosecution.
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.No.26582 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.06.2023
CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
W.P.No.26582 of 2013
and
M.P.No.1 & 2 of 2013
BNR EXIM – Proprietary Concern, Rep. By its Proprietor Mr.B.Nagaraj, Old No.14, New No.6, Venugopal Street, Vettri Nagar, Peravallur, Chennai – 600 082.
.. Petitioner
vs
Petition filed under Article 226 of the Constitution of India praying to issue a writ of declaration calling for the records pertaining to the Boards instruction no. 450/39/2012 dated 16.04.2013 issued by the 1st respondent, the facility Circular No.5/2013 dated 22.05.2013 issued by the 3rd respondent and the PN No.23(Re-2013)/2009-14 dated 13.08.2013 issued by the 2nd respondent and declaring the
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same being without jurisdiction, arbitrary, illegal, discriminatory and ultra vires of the Constitution of India and the provisions of Customs Act, 1962 and Foreign Trade (Development & Regulation) Act, 1992. [prayer amended vide order dated 09.11.2020 made in WMP 3743/2020 in WP 26582/2013]
For Petitioner : Mr.Surendra Kumar Pandu For Respondents : Mrs.R.Hemalatha Senior Standing Counsel for R1, R3
No appearance for R2
ORDER
Mr.Surendra Kumar Pandu, learned counsel, appears on behalf of the learned counsel on record for the petitioner and only requests for an adjournment. Mrs.R.Hemalatha, learned Senior Standing Counsel appears for the respondents.
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not been done. On more than half-a-dozen occasions, there has been no representation on behalf of the petitioner. Hence, I see no reason to keep this writ petition pending any further as evidently the petitioner has no interest in pursuing the same.
petition is dismissed. No costs. Connected miscellaneous petitions are closed.
15.06.2023
Index:Yes/No Neutral Citation:Yes ssm
To:
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W.P.No.26582 of 2013
DR. ANITA SUMANTH,J.
ssm
W.P.No.26582 of 2013
15.06.2023
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BNR Exim – Proprietary Concern, Rep. By its Proprietor Mr.B.Nagaraj
The Central Board of Excise and Customs
The Director General of Foreign Trade
The Commissioner of Customs (Expert)
Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
