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Madras High Court

Seven Seas Petroleum Pvt. Ltd vs Customs & Central Excise Settlement ... on 1 September, 2025

Bench: S.M.Subramaniam, C.Saravanan

                                                                                       W.A.Nos.557 & 558 of 2013

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 01.09.2025

                                                            CORAM

                              THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
                                                   and
                                   THE HONOURABLE MR.JUSTICE C.SARAVANAN
                                             W.A.Nos.557 & 558 of 2013
                                               and M.P.No.1 of 2013

                     Seven Seas Petroleum Pvt. Ltd.,
                     2C, Tangy Apartments, No.6, Dr.P.V.Cherian Crescent,
                     Off. Commander-in-Chief Road, Chennai – 600 105.
                     Now at: 20, Chesney Town House,
                     Ethiraj Salai, Chennai – 600 008.          … Appellant in both petitions

                                                                Vs.

                     1. Customs & Central Excise Settlement Commission,
                        Additional Bench, Narmada Block,
                        2nd Floor, Customs House, 33, Rajaji Salai,
                        Chennai – 600 001.

                     2. Commissioner of Customs,
                        Customs House, Cochin.

                     3. The Joint Commissioner of Customs,
                        DEPB – TRA Section,
                        Jawaharlal Nehru Customs House,
                        Sheva.                                             ... Respondents in both petitions

                     Prayer in W.A.No.557 of 2013: Appeal filed under Clause 15 of the
                     Letters Patent against the order dated 09.01.2013 passed in W.P.No.32468
                     of 2005.

                     Page 1 of 5




https://www.mhc.tn.gov.in/judis              ( Uploaded on: 04/09/2025 01:23:41 pm )
                                                                                           W.A.Nos.557 & 558 of 2013




                     Prayer in W.A.No.558 of 2013: Appeal filed under Clause 15 of the
                     Letters Patent against the order dated 09.01.2013 passed in W.P.No.32469
                     of 2005.
                                                          In Both Petitions
                                       For Appellant(s)              : M/s.G.Vardini Karthik

                                       For R1 to R3                : Mr.Rajnish Pathiyil,
                                                              Special Panel Counsel for Customs


                                              COMMON JUDGMENT

(Judgment of the Court was made by S.M.SUBRAMANIAM, J.) The learned counsel for the appellants would submit that the order passed by the Settlement Commission has been complied with.

However, the learned counsel for the appellants would restrict the relief to seeking a direction to the respondents to apprehend the true perpetrators of the crime, recover the money to the extent of duty credit obtained on the basis of forged documents, and refund the duties and interest paid by the petitioner.

2. In this context, the learned counsel for the respondents would submit that the departmental disciplinary proceedings had been initiated Page 2 of 5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/09/2025 01:23:41 pm ) W.A.Nos.557 & 558 of 2013 against the authorities, and three officials were found guilty and dismissed from service. The said fact has also been recorded by the Division Bench of this Court in the common order passed in C.M.A.No.84 of 2013 and batch, dated 30.10.2024.

3. Even in case the petitioner is not satisfied with the departmental disciplinary proceedings, it is for the petitioner to initiate appropriate action in the manner known to law.

4. With these observations, the writ appeals stand disposed of.

No costs. Consequently, the connected miscellaneous petition is closed.

                                                                                     (S.M.S.,J.)    (C.S.N.,J.)
                                                                                             01.09.2025
                     skr
                     Index : Yes / No
                     Speaking order / Non-speaking order
                     Neutral Citation : Yes / No

                     To

1. Customs & Central Excise Settlement Commission, Additional Bench, Narmada Block, 2nd Floor, Customs House, 33, Rajaji Salai, Chennai – 600 001.

Page 3 of 5

https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/09/2025 01:23:41 pm ) W.A.Nos.557 & 558 of 2013

2. Commissioner of Customs, Customs House, Cochin.

3. The Joint Commissioner of Customs, DEPB – TRA Section, Jawaharlal Nehru Customs House, Sheva.

Page 4 of 5

https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/09/2025 01:23:41 pm ) W.A.Nos.557 & 558 of 2013 S.M.SUBRAMANIAM, J.

and C.SARAVANAN, J.

skr W.A.Nos.557 & 558 of 2013 01.09.2025 Page 5 of 5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/09/2025 01:23:41 pm )