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The Principal Commissioner Of Customs Iii ( Siib ) And Others vs M/S Sri Vijayalakshmi Leather

Madras High Court|07 September, 2017
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JUDGMENT / ORDER

THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.A.Nos.1097 to 1105 of 2017 and CMP Nos.15364 to 15371 of 2017 W.A.No.1097 of 2017
1. The Principal Commissioner of Customs-III (SIIB), Customs House, Chennai -1.
2. The Commissioner of Customs, Chennai-IV, Commissionerate, Customs House, Chennai - 1.
3. The Deputy Commissioner of Customs (SIIB), Customs House, Chennai - 1.
4. The Deputy Commissioner of Customs (Exports), Chennai - IV, Commissionerate, Customs House, Chennai-1 .. Appellants versus M/s.Sri Vijayalakshmi Leather, rep. by its Proprietor S.Ramanathan, No.4, Wuthucatan Street, Periamet, Chennai - 600 003. .. Respondent Common Prayer: Writ Appeals filed against the common order dated 25.01.2017 passed in WMP Nos.1580 to 1588 of 2017 in W.P.Nos.1620 to 1628 http://www.judis.nic.inof 2017 and restore the condition imposed for provisional release of the goods pending enquiry.
For Appellants : Mr.T.Pramodkumar Chopda in all W.As.
For Respondent : Mrs.V.Pramila in all W.As.
COMMON JUDGMENT (Order of the Court was made by S.MANIKUMAR, J.) Challenge in these writ appeals, is to a common order made in WMP Nos.1580 to 1588 of 2017 in W.P.Nos.1620 to 1628 of 2017 dated 25.01.2017, on the grounds inter alia that the writ Court has failed to consider that when conditions 6.2 and 6.3 of the provisional order dated 23.11.2016 remained unaltered, department is entitled to seek for Bank Guarantee for the value of fine and penalty.
2. Though, writ appeals were filed against the abovesaid interim orders, material on record discloses that when W.P.Nos.1620 to 1628 of 2017, came up for further hearing, on the representation of both the learned counsel for the parties that goods were released in terms of the orders dated 22.12.2016 & 25.01.2017, respectively, and further representation of the learned counsel, that the writ petitions can be closed, writ Court, by a common order dated 30.01.2017 in W.P.Nos.1620 to 1628 of 2017, have closed all the writ petitions with the connected applications.
http://www.judis.nic.in
3. It is well settled that interim orders, merge with the final orders.
In the case on hand, writ petition Nos.1620 to 1628 of 2017, have been closed on 30.01.2017 and that therefore, instant challenge to the interim orders granted on 25.01.2017 in WMP Nos.1580 to 1588 of 2017 in W.P.Nos.1620 to 1628 of 2017, does not survive. Consequently, all the writ appeals are dismissed. No Costs. Consequently, the connected Civil Miscellaneous Petitions are closed.
[S.M.K., J.] [M.D.I, J.] 07.09.2017 Index : Yes/No.
Internet : Yes ars S. MANIKUMAR, J.
AND M.DHANDAPANI, J.
ars W.A.Nos.1097 to 1105 of 2017 and CMP Nos.15364 to 15371 of 2017
07.09.2017
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Title

The Principal Commissioner Of Customs Iii ( Siib ) And Others vs M/S Sri Vijayalakshmi Leather

Court

Madras High Court

JudgmentDate
07 September, 2017
Judges
  • S Manikumar
  • M Dhandapani