IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:17.03.2011 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.6683 of 2011 and M.P.No.1 of 2011 M/s.Sree Rajendra Textiles Rep. By its Director Amarish No.33, Kumar Complex, 2nd floor, Nagarthpet Cross, Bangalore, Karnataka. .. Petitioner Vs 1.The Commissioner of Customs (Port-Import) Custome House, No.33, Rajaji Salai, Chennai. 2.The Deputy Commissioner of Customs (DEPB-Gr7-B), Custom House No.33, Rajaji Salai, Chennai. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus direct the respondents to hold that the contracted value, payable and paid to the supplier of imported goods is the transaction value as defined under Section 14 (1) of the Customs Act in so far as the import of "raw silk yarn of Vietnam Origin" by the petitioner covered under the Contract No.10 ZS 225 dated 10.07.2010 covered under Bills of Entry Nos.800237 dated 07.03.2011 and 8003505 dated 09.03.2011 on the imports thro' Chennai Port. For petitioner : Mr.K.Jayachandran For respondents : Mr.S.Uthayakumar CGSC O R D E R Heard the learned counsel appearing for the petitioner and the learned Central Government Standing counsel appearing on behalf of the respondents. https://hcservices.ecourts.gov.in/hcservices/ *2. At this stage of the hearing of the writ petition, the learned counsel appearing for the petitioner had submitted that the issues involved in this writ petition is covered by the order of this court dated 29.12.2010, in W.P.Nos.30153 and 30154 of 2010, wherein this court had directed the respondent therein to release the goods concerned subject to certain conditions. 3. The Learned senior Central Government Standing Counsel appearing for the respondent has no objection for this Court following its earlier order, dated 29.12.2010. 4. In view of the submissions made by the learned counsels appearing for the parties concerned and in view of the order passed by this court on 29.12.2010, in W.P.Nos.30153 and 30154 of 2010, the writ petition is disposed of, directing the respondent to release the goods concerned subject to the following conditions: " 1.The petitioners shall pay the entire amount of duty to the department forthwith, as per the declared value which may be based on the contract or price etc., as per the provisions of the Customs Act. (2) In addition the petitioners shall provide sufficient bank guarantee to the satisfaction of the respondent drawn on any Nationalised bank. the bank guarantee shall be in favour of the Department in respect of 50% of the difference in duty to be kept alive till the adjudication process is completed. (3) In respect of the remaining 50% of the difference in duty, the petitioners shall furnish personal bond to the satisfaction of the respondent. On completion of all the three conditions, the respondent shall release the goods. (4)On release of the goods in question, on the petitioner complying with the said conditions, the respondents shall complete the adjudication process within a period of four weeks thereafter by issuing a necessary show cause notice. It is made clear that on issuing of necessary show cause notice, the petitioner shall submit its objections, appear before the respondent through its authorised representatives and co- operate with the Department in the adjudication process. https://hcservices.ecourts.gov.in/hcservices/ Consequently, connected M.P.No.1 of 2001 is closed. No costs. Sd/- Asst.Registrar. Dated: 17.3.2011 *Paragraph 2,3, and 4 substituted as per order of this Court dated 18.3.2011 and made herein. sd/ Assistant Registrar Dated: 21.3.2011 /true copy/ Sub Asst.Registrar. cse To 1.The Commissioner of Customs (Port-Import) Custome House, No.33, Rajaji Salai, Chennai. to be substituted to the order already despatched on 2.The Deputy Commissioner of Customs 18.3.2011 (DEPB-Gr7-B), Custom House No.33, Rajaji Salai, Chennai. Writ Petition No.6683 of 2011 and M.P.No.1 of 2011 GGK (CO) kk 17/3 kk 22/3 https://hcservices.ecourts.gov.in/hcservices/