IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 23.2.2011 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.3789 of 2011 1 M/S.SANDHYA HOTELS (P) LTD. [ PETITIONER ] REP BY ITS MANAGING DIRECTOR MR.S. SRIDHAR RAO Vs 1 THE COMMISSIONER OF CUSTOMS (IMPORTS) CUSTOM HOUSE NO.60 RAJAJI SALAI CHENNAI 1 2 THE JOINT COMMISSIONER OF CUSTOMS (IMPORTS) CUSTOM HOUSE NO.60 RAJAJI SALAI CHENNAI 1 3 THE DEPUTY COMMISSIONER OF CUSTOMS GR.5A CUSTOM HOUSE NO.60 RAJAJI SALAI CHENNAI 1 4 THE JOINT DIRECTOR GENERAL OF FOREIGN TRADE KENDRIYA SADAN 1 ST FLOOR V TH BLOCK SULTAN BAZAAR HYDERABAD 500 195 [ RESPONDENTS ] Prayer: This petition has been filed seeking for a writ of Mandamus directing the respondents herein to release the goods viz.7 pieces of Chillers – LSQWRF100M/TB-B, 12 pieces of Cassette A/C - GC - 24CF/U 1 Piece of portable A/C - AM - 12C53RAI (a7) imported vide Bill of Entry No.735829 dated 31.12.2010 which was finally assessed by the Proper Officer under the Customs Act and total duty of Rs.3,11,132.00 was also paid on 5.1.2011 on production of Import Trade Control (ITC) Bond pending submission of the License. For Petitioner : Mr.A.K.Jayaraj For Respondents : Mr.P.Mahadevan C.G.S.C. https://hcservices.ecourts.gov.in/hcservices/ O R D E R At this stage of the hearing of the writ petition, the learned counsel appearing for the petitioner had submitted that the entire customs duty, in respect of the goods in question, had already been paid. He had also submitted that the Ministry of Environment and Forests, Ozone Cell, Government of India, by its office memorandum, dated 7.2.2011, had stated that there is no objection for the issuance of a license, in favour of the petitioner, for the import of 20 Nos. of New C.G.C-Chillers/Cassette/Portable Air conditioner, containing HCFC-22 (R-22) gas, by the petitioner. He had also submitted that the necessary license would also be issued to the petitioner in a few days from now. 2. In such circumstances, the respondents are directed to release the goods in question, forthwith, on the petitioner depositing a sum of Rs.1,50,000/- (Rupees One lakh and fifty thousand), with the third respondent, provisionally, subject to the petitioner producing the necessary license. The writ petition is ordered accordingly. No costs. Connected M.P.No.1 of 2011 is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar lan To: 1 THE COMMISSIONER OF CUSTOMS (IMPORTS) CUSTOM HOUSE NO.60 RAJAJI SALAI CHENNAI 1 2 THE JOINT COMMISSIONER OF CUSTOMS (IMPORTS) CUSTOM HOUSE NO.60 RAJAJI SALAI CHENNAI 1 https://hcservices.ecourts.gov.in/hcservices/ 3 THE DEPUTY COMMISSIONER OF CUSTOMS GR.5A CUSTOM HOUSE NO.60 RAJAJI SALAI CHENNAI 1 4 THE JOINT DIRECTOR GENERAL OF FOREIGN TRADE KENDRIYA SADAN 1 ST FLOOR V TH BLOCK SULTAN BAZAAR HYDERABAD 500 195 1 cc To Mr.A.K.Jayaraj, Advocate, SR.12466 Writ Petition No.3789 of 2011 gv(co) pmk.23.2.2011 https://hcservices.ecourts.gov.in/hcservices/