1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD).Nos.13584 and 13585 of 2011 and M.P.(MD) Nos. 1, 2, 1 and 2 of 2011 M/s.A.M.Ahamed & Co., Represented by its General Manager Mr.M.Ahmed Ashraf, No.15, Pereira Street, Tuticorin - 628 001. : Petitioner in both W.Ps. Vs. 1.The Commissioner of Customs, Custom House, Tuticorin - 628 004. 2.The Assistant Commissioner of Customs (ARC), Custom House, Tuticorin - 628 004. : Respondents in both W.Ps. PRAYER in W.P.(MD)No.13584 of 2011: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records pertaining to letter dated 24.06.2011 in C.No.VIII/48/211/2011-Arrears and quash the same and to direct the respondents to refrain from taking any coercive recovery action pending disposal of the stay application No.C/S/159/11 filed in appeal No.C/196/11 before the Hon'ble Customs, Excise and Service Tax Appellate Tribunal. PRAYER in W.P.(MD)No.13585 of 2011: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records pertaining to letter dated 20.05.2011 in C.No.VIII/48/174/2011-Arrears and quash the same and to direct the respondents to refrain from taking any coercive recovery action pending disposal of the stay application No.C/S/154/11 filed in appeal No.C/191/11 before the Hon'ble Customs, Excise and Service Tax Appellate Tribunal. For Petitioner : M/s.R.Parthiban in both cases For Respondents : Mr.R.Aravindan in both cases https://hcservices.ecourts.gov.in/hcservices/ 2 COMMON ORDER These writ petitions have been filed challenging the impugned letters dated 24.06.2011 and 20.05.2011of the second respondent and quash the same with further direction to the respondents to refrain from taking any coercive recovery action pending disposal of the stay application No.C/S/154/11 filed in appeal No.C/191/11 before the Hon'ble Customs, Excise and Service Tax Appellate Tribunal. 2. Heard Mr.R.Parthiban, the learned Counsel for the petitioner. Mr.R.Aravindan, the learned Counsel takes notice for the respondents. 3. The grievance placed before this Court for coming to this Court is that after filing an appeal before the Customs Excise Service Tax Appellate Tribunal, Chennai, along with an application for stay and waiver of pre-deposit, the matter was posted for hearing of the stay application on 05.12.2011. But, in the meanwhile, the Judicial Member retired from service on 24.10.2011 and the said vacancy has not been filled up till date. Therefore, it has been stated that the stay application posted for hearing on 05.12.2011 would not be taken up due to non-filling up of the vacancy. In the meanwhile, the respondent has sought for recovery of the amount. Therefore, the petitioner prayed this Court to stay the recovery action by the respondent till the stay application filed before the Customs Excise Service Tax Appellate Tribunal, Chennai, is taken up for hearing. 4. Considering the above said circumstances, this Court further finding that the Customs Excise Service Tax Appellate Tribunal, Chennai, is not able to sit due to want of quorum, is inclined to grant an order of stay. Accordingly, there shall be an order of stay of the recovery proceedings till the formation of the requisite quorum. 5. The learned Counsel appearing for the respondent would also submit that both the writ petitions may be disposed of with a direction to continue the order of stay granted by this Court till the disposal of the said application filed by the petitioner before the Customs Excise Service Tax Appellate Tribunal, Chennai. 6. Recording the above submission, both these writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed. Further, it is made clear that the order of stay granted by this Court will continue till the disposal of the said application filed by the petitioner before the Customs Excise Service Tax Appellate Tribunal, Chennai. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1. The Commissioner of Customs, Custom House, Tuticorin - 628 004. 2. The Assistant Commissioner of Customs (ARC), Custom House, Tuticorin - 628 004. +2 Ccs to Mr.R.Parthiban, Advocate (SR.Nos.41872 & 41873) +2 Ccs to Mr.R.Aravindan, Advocate (SR.Nos.41921 & 41922) Order made in W.P.(MD).Nos.13584 and 13585 of 2011 and M.P.(MD) Nos. 1, 2, 1 and 2 of 2011 Dated:- 29.11.2011 srm NSV/27.12.11/3P/7C https://hcservices.ecourts.gov.in/hcservices/