IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE:11-02-2011 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.3325 of 2011 and M.P.No.1 of 2011 M/s.Sree Rajendra Textiles, Rep. By its Partner: Amarish, No.33, Kumar Complex,2nd Floor, Nagarthpet Cross, Bangalore, Karnataka .. Petitioner. Versus The Deputy Commissioner of Customs, (DEPB-Gr.7-B), Custom House, No.33, Rajaji Salai, Chennai. .. Respondent. Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, to direct the respondents to direct the respondent to hold that the contracted value payable and paid to the supplier of imported goods is the transaction value as defined under Sec. 14 (1) of the Customs Act in so far as the import of thrown silk yarn in hanks of Vietnam Origin by the petitioner under the contract No. DL 2010-001 dt 1.7.2010 covered under Bill of Entry No. 771868 dt 7.2.2011 on the imports thro Chennai Port. For Petitioner : Mr.K.Jayachandran For Respondent : Mr.S.Uthayakumar (SCGSC) O R D E R Heard the learned counsel appearing for the petitioner and the learned Senior 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 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 https://hcservices.ecourts.gov.in/hcservices/ 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. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar arr https://hcservices.ecourts.gov.in/hcservices/ To The Deputy Commissioner of Customs, (DEPB-Gr.7-B), Custom House, No.33, Rajaji Salai, Chennai. 1 cc to Mr.S.Udayakumar, Advocate, Sr.No.10547 1 cc to Mr.K.Jayachandran, Advocate, Sr.No.10481 Writ Petition No.3325 of 2011 MP {CO} TP/11.2.2011. https://hcservices.ecourts.gov.in/hcservices/