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M/S.S.S.D.Oil Mils Company ... vs The Assistant Director General Of ...

Madras High Court|06 January, 2017

JUDGMENT / ORDER

1. Issue notice. Ms.Hema Muralikrishnan, accepts notice on behalf of the respondents.
2. With the consent of counsels for parties, the Writ Petition is taken up for hearing and final disposal.
3. The challenge in this Writ Petition is laid to the order dated 04.11.2016, passed by Deputy Commissioner of Customs (EPCG). The impugned order proceeds on the basis that the export obligation has not been fulfilled.
4. The petitioner's case, on the other hand, is that the entire export obligation stands fulfilled and that, in this behalf, a representation, which is dated 28.07.2014, was made to respondent No.3 for issuance of Export Obligation Discharge Certificate 4.1. Counsel for the petitioner says that the aforesaid representation of the petitioner is still pending with respondent No.3 and, without disposing of the representation of the petitioner, the impugned order has been passed.
5. Ms.Hema Muralikrishnan, counsel for the respondents, says that if a direction is given, respondent No.3 would consider and dispose of the representation dated 28.07.2014, and that, pending the disposal of the representation, no coercive action will be taken against the petitioner.
6. Accordingly, the Writ Petition is disposed of with the direction to respondent No.3 to dispose of the representation of the petitioner dated 28.07.2014. The needful will be done within a period of six (6) weeks from the date of receipt of a copy of the order.
6.1. Pending the disposal of the representation, no coercive measures will be taken against the petitioner.
7. Resultantly, the connected Miscellaneous Petition stands closed. However, there shall be no order as to costs.
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Title

M/S.S.S.D.Oil Mils Company ... vs The Assistant Director General Of ...

Court

Madras High Court

JudgmentDate
06 January, 2017