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M/s. S. Mira Commodities Private Limited, Rep. by its Director Farooq Shabbir Noorani, Navi Mumbai v/s The Commissioner of Customs, Tuticorin

    W.P(MD). No. 20016 of 2017 & W.M.P.(MD). No. 16294 of 2016
    Decided On, 11 December 2017
    At, Before the Madurai Bench of Madras High Court
    By, THE HONOURABLE MR. JUSTICE P.D. AUDIKESAVALU
    For the Petitioner: A.K. Jayaraj, Advocate. For the Respondent: R. Aravindan, Advocate.


Judgment Text

(Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the Respondent herein to Adjudicate and pass Final Order / Order-in-Original pursuant to the Show Cause Notice F.No.DRI/AZU/INV-15/2012, dated 06.08.2012, within a reasonable time as fixed by this Hon'ble Court, after due opportunity to the petitioner.)

1. This Writ Petition has been filed for a direction to the respondent to adjudicate and to pass Final Order/order in original pursuant to the Show Cause Notice F.No.DRI/AZU/INV-15/2012, dated 06.08.2012, after due opportunity to the petitioner within a reasonable time that may be fixed by this Court.

2. Heard Mr.A.K.Jayaraj, the learned counsel appearing for the petitioner and Mr.R.Aravindan the learned counsel appearing for the respondent.

3. The respondent has filed a counter affidavit stating that after adjudication of the matter, pursuant to the show cause notice issued, final order has been passed by Order-in- Original No.34/2014 dated 23.07.2014, after giving reasonable opportunity to the petitioner. It is further submitted that the said order has been despatched by Speed Post on 24.07.2014, but the same was returned with postal endorsement “LEFT” and that thereafter attempts were made to serve the said order through the Additional Commissioner of Customs (Preventive), Mumbai, who by proceedings dated 15.06.2016 informed as follows:-

“Please refer to the office letter C.No.VIII/10/151/2012 ADJN dtd 20.05.2016 on the above mentioned subject. It was requested through the said letter to serve the Order-In-Original No. 34/2014 dated 23.07.2014 issued by the Commissioner of Customs, Custom House, Tuticorin against, M/S S.Mira Commodities Pvt. Ltd., (IEC No. 0308011864), at 121, Grohitam Building, 1st Floor, Plot No.14/B, Sector-19, Vashi, Navi Mumbai-400 703. Accordingly, on 13.06.2016, officers of this section has visited the above said address. On reaching 1st floor of the “GROHITOM PREMISES COOP. SOCIETY LTD” the office no.121 was found locked without having any sign board. Then, the officers contacted to Sh. Harish D. Shah, Secretary of the Society, at society office who informed that the said office premises is closed since last five years. He also informed that they didn't have any record as to whether M/S S.Mira Commodities Pvt.Ltd., (IEC No. 0308011864), had an office in the above said premises. As per society record owner of the office no.121 is Mr.Kashiram Damji Mahadik. The officers also enquired with Mr.Dinesh R.Lodaya, the owner of M/S Dinesh Roadlines, in office no.122 of the same housing society and got the same reply. Therefore, the above said O-in-O could not be served.

In view of the above, the Order-In-Original No. 34/2014 dated 23.07.2014 issued by the Commissioner of Customs, Custom House, Tuticorin against M/S S.Mira Commodities Pvt.Ltd., (IEC No. 0308011864), is being forwarded at your end for further action.”

Subsequently, the respondent has not been able to serve the said order on the petitioner till date.

4. Having regard to the aforesaid factual backdrop, the learned counsel for the respondent has today handed over the returned cover containing the said Order-in-Original to the learned counsel for the petitioner, which is hereby recorded.

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It is to be noted that though the Order-in-Original has been passed on 23.07.2014, the same shall be taken as delivered to the petitioner today.Needless to add here that it is open to the petitioner to take further action in accordance with law. 5. The Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed.
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