IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 22-06-2011 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.14466 of 2011 M/s.Sree Rajendra Textiles, Rep. By its Partner: Amarish, CK-21/1-A, 1st Floor, Rathi Complex, Lakhi Chautra, Varanasi-221 001 U.P. .. Petitioner. Versus 1.The Commissioner of Customs (Port-Import), Custom House, No.33, Rajaji Salai, Chennai-600 001. 2.The Deputy Commissioner of Customs, (DEPB-Gr.7-B) Custom House, No.3, Rajaji Salai, Chennai-1. .. Respondents. Prayer: Petition filed seeking for a Writ of Mandamus, to direct and 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 Chinese Origin" by the petitioner, under the contract SC No.2010 FD 091778, dated 25.5.2010 covered under Bills of Entry Nos.3663546, dated 31.5.2011; 3668641, dated 31.5.2011 and 3783519, dated 14.6.2011. For Petitioner : Mr.K.Jayachandran For Respondents : Mr.S.Udaya Kumar (CGSC) O R D E R 1. Heard the learned counsel appearing for the petitioner and the learned Central Government Standing Counsel appearing for the respondent. 2. At this stage of the hearing of the writ petition, the learned counsel appearing for the petitioner had submitted that the https://hcservices.ecourts.gov.in/hcservices/ 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 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.31053 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 petitioner 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 petitioner 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 petitioner shall furnish a 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 the issuing of the necessary show cause notice, the petitioner shall submit its objections, appear before the respondent, through its authorised representatives and cooperate with the Department in the adjudication process." Consequently, connected M.P.No.1 of 2011 is closed. No costs. csh Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar https://hcservices.ecourts.gov.in/hcservices/ To 1.The Commissioner of Customs (Port-Import), Custom House, No.33, Rajaji Salai, Chennai-600 001. 2.The Deputy Commissioner of Customs, (DEPB-Gr.7-B) Custom House, No.3, Rajaji Salai, Chennai-1. + 1 cc to Mr. S. Udayakumar, Advocate SR No.35924 + 1 cc to Mr. K. Jayachandran, Advocate SR No.35802 Writ Petition No.14466 of 2011 RSI(CO) SR/23.6.2011 https://hcservices.ecourts.gov.in/hcservices/