HC Order

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CUSTOMS COAKASSSON ACH

THE HI GH COURT OF JUDIATUR AT MADRA002


( Special original Jurisdic
Mondayr the Nineteenth day of June Two Thousand Twenty Three
PRESENT

THE HON BLE DR.JUSTICE ANITA SUMANTH

WP.NO.15582 OF 2023
AND WMP. NO.15090 OF 2023
1 SRI VÀSAVI GOLD AND BULLION [PETITIONERS IN BOTH THE PETITIONS ]
PVT.LTD., REP. BY ITS DIRECTOR
SHRI PASUMARTY, GIRIBABU, GROUND FLOOR,
NO.137, NSC BOSE ROAD, SOWCARPET
CHENNAI 600 079.

2 SHRI PASUMARTY GIRIBABU,C


DIRECTOR OF SHRI VASAVI GOLD AND BULLI ON
PVT.LTD., FLÁT N.5152, TVH LUMBINI SQUARE,
NO. 127,: BRI CKLIN ROAD,
VEPERY, CHENNAI 600 007
PURSAIWALKAM,
URE
VS
THE PRINCIPAL COMMI SSIONER OF [RESPONDENT IN BOTH THE PETITIONS 1
CUSTOMS, ADJUDIATION AIR,
O/0.THE PRINCIPAL COMMISSIONER OF CUSTOMS,
COMMISSI ONERATE VII, CHENNAI AIRPORT,
NEW CUSTOM HOUSE, MEENAMBAKKAM, CHENNAI 600 016

Writ Petition under Article 226 of the Constitution of India


praying that in the circumstances stated therein and in the
respective affidavits filed therewith the High Court will be
pleased to.issue an order in the nature of writ, more particularly,
a writ of mandamus forbearing the respondent from conducting any
adjudication in F.No. ACC/ASST/MISC/53/2023-Gr 1-4 0/0 PR COMMR-CUS
ACC CHENNAI emanating out of Show Cause Notice No.18 of 2023
dated 28.01.2 023 issued in terms of Sec 28 (4) of the Customs Act,
1962 read with sec.110AA of the Customs Act, 1962 without giving
CrosS examination of the witnesses whose statements are relied,
officers of Directorate of Revenue Intelligence who conducted
investigation and production of CCTV footage a s demanded under
interim reply dated 30/03/2023 (WP. NO.15582/2 023) and;
ii) TO gr¡nt anorder of ad interim injunction restraining the
respondent from conducting any adjudication in F.No.ACC /ASST/
MISC/53/2023-Gr 1-4 0/0 PR COMMR -CUS - ACC - CHENNAI emanating out
of Show Cause Notice No.18 of 2023 dated 28/01/2023 without
affording the opportunities/facilities sought vide interim reply
dated 30/03/2023 (WMP.NO. 15090/2023) pending disposal of the
WP.NO.15582/2023

Gyoo90827
Order * S petition and Miscellaneous petition coming on
this day for hearing upon perusing the petition and arguments
the affidavit
of
filed in support
thereof and upon hearing the in both the
M/S.B.SATISH SUNDAR, Advocate for the petitioner
petitions and of MR,K.UMESH BAO, Senior Standíng Counsel tor the
Respondent in both the petitions, the cOurt made the fol lowing
order:

List on 19.07.2023. Counter by then with an advance copy


served upon the petitioner.
2. Interim order granted 18.05.2023 will stand extended till
the next date of hearing.
-sd/
19/06/2023
TRUE COPY
3F
Sub-AsSistant Registrar(Statistics / C.S. )
High Court Madras - 600 104.

TO

THE PRINCIPÀL COMMISSIONER OF CUSTOMS,


ADJUDICATION - AIR,
O/0.THE PRINCIPAL COMMISSIONER OF CUSTOMS,
COMMISSIONERATE VII, CHENNAI AIRPORT, AS
NEW CUSTOM HOUSE, MEENAMBAKKAM,
CHENNAI 600 016

Order
in
WP. NO.15582 OF 2023

AND WMP. NO.15090 OF 2023

Date :19/06/2 023

certified
From 26.2.2001 the Registry is issuingformat
copies of the Interim Orders in this
PM (19/05/2023)
PM (27/06/2023)

Gyoo90828

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