Madras High Court
M/S.Acme Warehousing Pvt Ltd vs The Principal Commissioner Of Customs ... on 27 July, 2020
Author: Anita Sumanth
Bench: Anita Sumanth
W.P. No.8086 of 2020
and
WMP. Nos.9599 & 9597 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.07.2020
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH
W.P. No.8086 of 2020
and
WMP. Nos.9599 & 9597 of 2020
M/s.ACME Warehousing Pvt Ltd,
No.675 200 Feet Inner Ring Road,
Madhavaram , Ponniamman Medu,
Rep by its Director,
Shri Satish Muthukrishnan .. Petitioner
Vs
1 The Principal Commissioner of Customs (Preventive),
Chennai-V, Commissionerate Custom House,
No.60, Rajaji Salai, Chennai 600001.
2 The Assistant commissioner of Customs (bonds),
O/o.Chennai-V Commissionerate Ccustom House,
No.60 Rajaji Salai, Chennai 600 001.
3 Shri S.Paneerselvam,
No.11 Vivek Nagar,
Kolathur, Chennai 600 099. … Respondents
Prayer: Writ Miscellaneous Petition filed under Article 226 of the Constitution
of India praying to Writ of Certiorari to call the records in and connected with
F.No. S4/1089/2010-Bonds-C dated 29.5.2020 passed by the 2nd respondent
quash the same and direct 1 and 2 respondents to renew/ extend the warehouse
license in No.CO58 granted to the petitioner entity for operation of public
customs bonded warehouse at No.675 200 feet inner ring road Madhavaram
Ponniamman Medu, Chennai-600110.
http://www.judis.nic.in
1
W.P. No.8086 of 2020
and
WMP. Nos.9599 & 9597 of 2020
For Petitioner : Mr. K.V.Sajeevkumar
For Respondents : Mr.A.P.Srinivas,
Senior Standing Counsel for R1 & R2
ORDER
On the previous occasion Mr.Sajeev Kumar, learned counsel had stated that he is entering appearance on behalf of Mr.Sathish Sundar, learned counsel, who had filed the Writ petition.
2. Today, he reiterates the request made earlier by Mr.Sathish Sundar for withdrawal of the Writ Petition. I am not inclined to accept the request for withdrawal simplicitor for the following reasons:
i) This matter has been listed before me thrice prior to today. On 10.07.2020 certain documents were not available on file and the Registry was directed to collate the documents, place them on file and list on 17.07.2020.
ii) On 17.07.2020, the then learned counsel for the petitioner had made a request and filed a memo dated Nil seeking permission to withdraw the Writ Petition. The request for withdrawal was strenuously objected to by the learned counsel for the third respondent who pointed out that on an earlier hearing, i.e., on 29.06.2020, the matters of arrears of rent in regard to the premises at No.675, 200 Feet Inner Ring Road, Madhavaram, Chennai – 600 110 (in short ‘property in question’) had come up for discussion in the course of hearing and http://www.judis.nic.in 2 W.P. No.8086 of 2020 and WMP. Nos.9599 & 9597 of 2020 Hon’ble Mr.Justice R.Mahadevan who had heard the matter then had queried the petitioner in regard to the same.
iii) The then learned counsel for the petitioner had accepted the position that there were arrears of rent in relation to the property in question and in response to the proposal from the Court that a sum of Rs.25.00 lakhs be remitted, had sought some time to obtain instructions.
iv) When the matter came up before me on 17.07.2020, Mr.Sathish Sundar fairly accepted this position.
v) The second respondent also brings to my attention the contents of paragraph 8 of the affidavit filed in support of the Writ Petition to the effect that it is proposing to take out an application after the lock down is lifted to enable it to deposit the rentals to the third respondent.
vi) Mr.Sajeev Kumar draws my attention to a communication dated 11.03.2020 wherein the petitioners state that there are no outstanding arrears of rent. Even assuming that all rentals were paid upto March, 2019, the question remains unanswered to a query by the Court as to the details of rentals remitted pursuant to March, 2019 to till date, there is no response forthcoming from the learned counsel for the petitioner.
3. The petitioner has been granted an order of status quo on 10.06.2020 and consequently been in possession of the property in question. http://www.judis.nic.in 3 W.P. No.8086 of 2020 and WMP. Nos.9599 & 9597 of 2020
4. In the light of the narration as aforesaid, the order of status quo granted on 10.06.2020 is vacated forthwith. The impugned proceedings dated 29.05.2020 cancelling the licence is confirmed.
5. Section 58B of the Customs Act deals with cancellation of licence. Sub-section (4) states that where the licence issued stands cancelled, the goods warehoused in such premises shall be removed to another warehouse or be cleared for home consumption or export within a period of seven days from the date of service of such order on the licencee.
6. Mr.A.P.Srinivas, learned Senior Standing Counsel would submit that the Authorities have intimated the importers in regard to the clearance of the goods lying in the ware house. Let this matter be pursued by the Customs Authorities.
7. The Writ Petition stands dismissed. No costs. Connected Miscellaneous Petitions are also dismissed.
8. List the matter for reporting compliance on 25.08.2020.
27.07.2020 Sl http://www.judis.nic.in 4 W.P. No.8086 of 2020 and WMP. Nos.9599 & 9597 of 2020 To 1 The Principal Commissioner of Customs (Preventive), Chennai-V, Commissionerate Custom House, No.60, Rajaji Salai, Chennai 600001. 2 The Assistant commissioner of Customs (bonds), O/o.Chennai-V Commissionerate Ccustom House, No.60 Rajaji Salai, Chennai 600 001. 3 Shri S.Paneerselvam No.11 Vivek Nagar, Kolathur, Chennai 600 099.
http://www.judis.nic.in 5 W.P. No.8086 of 2020 and WMP. Nos.9599 & 9597 of 2020 Dr.ANITA SUMANTH, J.
sl W.P. No.8086 of 2020 and WMP. Nos.9599 & 9597 of 2020 27.07.2020 http://www.judis.nic.in 6