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Madras High Court

M/S.Ariff & Co vs Export Promotion Capital Goods (Epcg) ... on 31 January, 2023

Author: Abdul Quddhose

Bench: Abdul Quddhose

                                                                                 W.P.No.2310 of 2022




                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 31.01.2023

                                                     CORAM:

                                  THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                              W.P.No.2310 of 2022 &
                                              W.M.P.No.2476 of 2022

                     M/s.Ariff & Co,
                     Represented by its Partner Mr.Aboobucker,
                     No.25 & 27, Dr.Radhakrishnan Salai,
                     Chennai - 600 004.                                           ... Petitioner
                                                        vs.

                     1.Export Promotion Capital Goods (EPCG) Committee,
                       Rep. by its Chairman, Director General of Foreign Trade,
                       Ministry of Commerce and Industry, Udyog Bhavan, New Delhi - 110 011

                     2.Assistant Director General of Foreign Trade,
                       O/o Zonal Additional Director General of Foreign Trade,
                       Ministry of Commerce and Industry (GOI),
                      Shastri Bhavan, 4th Floor, Annexe, No.26, Haddows Road, Chennai 6.

                     3.Foreign Trade Development Officer,
                       O/o. Zonal Additional Director General of Foreign Trade,
                       Ministry of Commerce and Industry (GOI),
                       Shastri Bhavan, 4th Floor, Annexe, No.26, Haddows Road, Chennai -6.

                     4.Assistant Commissioner of Customs,
                       License Registration Cell/ EPCG-EODC,
                       O/o. The Commissioner of Customs,
                       Custom House, No.60, Rajaji Salai, Chennai - 600 001.
                                                                               ...Respondents

                     1/5


https://www.mhc.tn.gov.in/judis
                                                                                       W.P.No.2310 of 2022




                     Prayer: Writ petition filed under Article 226 of the Constitution of India
                     for writ of Mandamus directing the second respondent to accept the
                     petitioner's                   request              vide               Application
                     No.ARNEPCGEOEXN03901230AM22                      dated   31.01.2022    for   Export
                     Obligation Period Extension for another two years till 06.02.2024 without
                     insisting for any additional bank guarantee or deposit for complying the
                     conditions for EPCG License No.0430010831 dated 07.02.2012.

                                        For Petitioner          : Mr.V.Arunagiri

                                        For Respondents 1 to 3 : Mr.J.Madhanagopal Rao,
                                                                 Senior Standing Counsel

                                        For Respondent 4        : Mr.H.Siddarth,
                                                                  Junior Standing Counsel

                                                              ORDER

Learned counsel for the petitioner seeks permission of this court to withdraw this writ petition. He has also filed a memo dated 31.01.2023 to that effect.

2. As seen from the memo, the first respondent has passed a Government order dated 20.01.2023 making amendments in Public Notice No.53/2015-2020 through which relief has been granted to the petitioner and therefore, according to the petitioner, the relief sought for in this writ 2/5 https://www.mhc.tn.gov.in/judis W.P.No.2310 of 2022 petition has been achieved by them. Since the relief sought for by the petitioner has been achieved, pursuant to the passing of the Government Order dated 20.01.2023, the petitioner seeks permission of this Court to withdraw this writ petition.

3. The memo of withdrawal dated 31.01.2023 is hereby recorded and shall form part of this order. After recording the aforementioned fact, as seen from the memo of withdrawal dated 31.01.2023 filed by the petitioner, this writ petition is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petition is closed.

31.01.2023 nl 3/5 https://www.mhc.tn.gov.in/judis W.P.No.2310 of 2022 To

1.Export Promotion Capital Goods (EPCG) Committee, Rep. by its Chairman, Director General of Foreign Trade, Ministry of Commerce and Industry, Udyog Bhavan, New Delhi - 110 011

2.Assistant Director General of Foreign Trade, O/o Zonal Additional Director General of Foreign Trade, Ministry of Commerce and Industry (GOI), Shastri Bhavan, 4th Floor, Annexe, No.26, Haddows Road, Chennai 6.

3.Foreign Trade Development Officer, O/o. Zonal Additional Director General of Foreign Trade, Ministry of Commerce and Industry (GOI), Shastri Bhavan, 4th Floor, Annexe, No.26, Haddows Road, Chennai -6.

4.Assistant Commissioner of Customs, License Registration Cell/ EPCG-EODC, O/o. The Commissioner of Customs, Custom House, No.60, Rajaji Salai, Chennai - 600 001.

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https://www.mhc.tn.gov.in/judis W.P.No.2310 of 2022 ABDUL QUDDHOSE, J.

nl W.P.No.2310 of 2022 31.01.2023 5/5 https://www.mhc.tn.gov.in/judis