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Madras High Court

R.Suresh Krishnan vs The Principal Commissioner Of Customs on 30 November, 2020

Author: P.D. Audikesavalu

Bench: P.D. Audikesavalu

                                                                                  W.P. No. 6780 of 2018

                            IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 30.11.2020

                                                       CORAM

                             THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU

                                                 W.P. No. 6780 of 2018

                 R.Suresh Krishnan, Partner
                 M/s. Mars Shipping Services
                 Old No.259, New No.144, Third Floor
                 Thambu Chetty Street
                 Chennai - 600 001.                                                   ... Petitioner
                                                    -vs-

                 The Principal Commissioner of Customs
                 Chennai VII Commissionerate
                 New Custom House
                 Meenambakkam, Chennai – 600 027.                                  ... Respondent

                 Prayer:- Writ Petition filed under Article 226 of the Constitution of India
                 praying to issue a Writ of Certiorari, to call for the records comprised in Order
                 in Original No.373/2016-AIR dated 20.05.2016 passed by the respondent
                 herein and to quash the same.
                          For Petitioner     :      Mr. S.Baskaran

                          For Respondent     :      Mr. A.P.Srinivas, Senior Standing Counsel

                                                    ORDER

(through video conference) Heard Mr. S.Baskaran, Learned Counsel for the Petitioner and Mr. A.P.Srinivas, Learned Senior Standing Counsel appearing for the Respondent and perused the materials placed on record, apart from the http://www.judis.nic.in pleadings of the parties.

2. When it is pointed out by Learned Senior Standing Counsel appearing for the Respondent that the Petitioner has got an effective alternative remedy to challenge the impugned order by way of appeal before the Customs Excise and Service Tax Appellate Tribunal under Section 129-A(3) of the Customs Act, 1962, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to resort to the aforesaid procedure. He has also filed a memo dated 30.11.2020 to that effect through e-mail, which is placed on record.

3. Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. It is made clear that for the purpose of reckoning limitation for availing the aforesaid remedy, the period from the date of filing of the Writ Petition, viz., 26.08.2016, till the date on which the certified copy of this order is made ready by the Registry, shall be excluded. No costs.

30.11.2020 Maya 3/4 Index: Yes/No Note: (i) Issue order copy by 07.12.2020.

(ii) Registry is directed to return the original copy of the impugned order to the Petitioner under http://www.judis.nic.in written acknowledgment after retaining a copy of the same for record.

To The Principal Commissioner of Customs Chennai VII Commissionerate New Custom House, Meenambakkam, Chennai – 600 027.

http://www.judis.nic.in 3/4  W.P. No. 6780 of 2018 P.D. AUDIKESAVALU, J.

Maya W.P. No. 6780 of 2018 http://www.judis.nic.in Dated : 30.11.2020 4/4 4/4