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Madras High Court

Stream Line Forwarders vs Commissioner Of Customs on 24 August, 2016

Author: S.Manikumar

Bench: S.Manikumar

        

 
IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED ::  24-08-2016

CORAM

THE HONOURABLE MR.JUSTICE S.MANIKUMAR

AND

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR


WRIT APPEAL No.106 of 2016
and
C.M.P.No.1299 of 2016


Stream Line Forwarders
Rep. by its Managing Partner B.Srividhya Priya
Old No.232, New No.178
1st Floor, Linghi Chetty Street
Chennai - 600 001			...			Appellant

						-vs-

1.Commissioner of Customs
   Customs House, 
   Chennai - 600 001, TN

2.Deputy Commissioner of Customs
   Customs Broker Section
   Customs House, Rajaji Salai
   Chennai - 600 001, TN

3.P.Manikandan
4.Suresh Kumar Sain
5.Pradeep Kumar Sain
6.Amit Manchanda			...			Respondents

Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, against the order, dated 14.12.2015 made in W.P.No.14936 of 2015. 

			For appellant	: Mr.Nithyaesh Natraj
						  for M/s.Nithyaesh & Vaibhav

			For respondent	: Mr.T.Pramodkumar Chopda
						  Standing Counsel for R1 and R2


JUDGMENT 

(made by S.MANIKUMAR, J.) Though order of the writ court made in W.P.No.14936/2015 dated 14.12.2015, is impugned before us on several grounds, on this day, Mr.Nithyaesh Natraj, learned counsel for the appellant, submitted that, notwithstanding to the challenge made and now sought to be withdrawn, Ms.B.Srividhya Priya, Managing Partner of the appellant, would make a separate application to the Competent Authority for issuance of Customs Broker Licence to her, and seeks for a direction from this court to the respondents 1 and 2, to consider the same. Submission is placed on record.

2. For making an individual application, there cannot be any legal impediment, but it is for the Competent Authority, to consider as to whether such application is maintainable in law and to be considered on merits. Placing on record the above submission, permission is granted to the appellant to withdraw the writ appeal.

With the above observation, writ appeal is dismissed as withdrawn. However, there shall be no order as to cost. Consequently, the connected civil miscellaneous petition is closed.

(S.M.K.,J.) (D.K.K.,J.) 24-08-2016 Index : Yes/No Internet : Yes/No Asr S. MANIKUMAR, J.

AND D. KRISHNA KUMAR, J.

Asr W.A.No.106 of 2016 24.08.2016