Madras High Court
M/S.Big Bags International Private ... vs The Commissioner Of Customs (Sea – ... on 28 January, 2020
Author: Anita Sumanth
Bench: Anita Sumanth
W.P.Nos.35577 & 35578 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.01.2020
CORAM
THE HONOURABLE Dr. JUSTICE ANITA SUMANTH
W.P.Nos.35577 & 35578 of 2019 and
WMP.Nos.36445 & 36446 of 2019
M/s.Big Bags International Private Limited,
Represented by Mehul Arvind Shah,
Director,
61, Nadakerappa Industrial Estate,
7, Andrahalli Main Road,
Vishwaneedam Post,
Bangalore – 560 091. .. Petitioner in WP.No.35577/2019
M/s.Big Bags (India) Private Limited,
(now merged with M/s.Big Bags International Private Limited),
Represented by Mehul Arvind Shah,
Director,
61, Nadakerappa Industrial Estate,
7, Andrahalli Main Road,
Vishwaneedam Post,
Bangalore – 560 091. .. Petitioner in WP.No.35578/2019
Vs.
1.The Commissioner of Customs (Sea – Export),
Custom House,
60, Rajaji Salai,
Chennai – 1.
2.The Assistant Commissioner of Customs,
(Arrear Recovery Cell, CH-IV),
Office of the Commissioner of Customs – IV,
60, Rajaji Salai,
Chennai – 1. .. Respondents in both WPs
Common Prayer:- Writ Petitions filed under Article 226 of the Constitution of
India, praying for the issuance of a Writ of Certiorari, calling for the records on
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W.P.Nos.35577 & 35578 of 2019
the files of the 2nd respondent in F.No.ARC-131/2019 CH-IV dated 3.12.19, and
quash the same as being invalid and illegal.
(In both WPs)
For Petitioner : No Appearance
For Respondent : Mrs.Aparna Nandakumar,
Central Government Standing Counsel
COMMON ORDER
When the matter had come up for admission on 02.01.2020, the then learned counsel for the petitioner had stated that as against the order of the CESTAT dated 04.11.2018 confirmed in order in Rectification Application dated 04.11.2019 appeals were being filed before the High Court. Solely for that reason, there was an interim direction that no coercive action be taken against the petitioner till 20.01.2020.
2.On 20.01.2020 the interim protection, at request of the petitioner was extended till 27.01.2020. In the meantime, the learned counsel for the petitioner who filed this writ petition withdrew his vakalath. The name of the party was thus directed to be printed. Mr.Joseph Prabakar, learned counsel, who appears on behalf of the petitioner (though sans vakalath) prays for an extension of the interim order. I am not inclined to consider or accept his request, since the petitioner has been given sufficient time to take remedial action against the order of the CESTAT by way of statutory appeal and also seek interim protection before the Bench. The order under challenge is an order of the CESTAT that is amenable to appeal before the High Court by way of Civil Miscellaneous Appeal in terms of Section 130 of the Customs Act. Hence it is appropriate that the interim protection required, is sought before the Division Bench. http://www.judis.nic.in 2/4 W.P.Nos.35577 & 35578 of 2019
3.In view of the above, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
28.01.2020 vs Index: Yes / No Speaking Order / Non Speaking Order To
1.The Commissioner of Customs (Sea – Export), Custom House, 60, Rajaji Salai, Chennai – 1.
2.The Assistant Commissioner of Customs, (Arrear Recovery Cell, CH-IV), Office of the Commissioner of Customs – IV, 60, Rajaji Salai, Chennai – 1.
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