IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 2802 of 2009 Between: M/s. Prime Mineral Exports Pvt. Ltd., F-1.1st Floor, Oceanic Apartments, Behind Hanuman Temple, Miramar, Panaji, GOA-403 001. rep. by its Director, Kaustubh Sawkar. ... PETITIONER AND 1) The Assistant Commissioner of Customs, Beach Road, Kakinada, E.G. District, A.P. 2) Syndicate Bank, Hotel Nova Goa Bldg., A.B. Road, Panaji, Goa- 403 001, Rep. by its Branch Manager. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue any writ, order or direction most particularly in the nature of Writ of Mandamus declaring the action of the 1st respondent in proceeding No. S.B.No.32/27-export dated 10.02.2009 directing the 2nd respondent for encashment of bank guarantees pending stay application before the Hon'ble Tribunal as illegal, arbitrary, unjust and in violation of Principle of Natural Justice and the constitutional rights guaranteed under the Art. 14 and 19(1)(g) of Constitution of India. Counsel for the Petitioner: M/S. C.KODANDA RAM Counsel for Respondent No.1: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following: Oral Order: (Per Shri Anil R. Dave, Chief Justice) 1. Learned advocate appearing for the petitioner has submitted that during the pendency of this petition, proceedings were pending before Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench at Bangalore. He has also submitted that interim relief of stay of recovery as prayed for before the above Tribunal was granted by the Tribunal on 19.02.2009 and, therefore, this writ petition has become infructuous and the same may be disposed of accordingly. 2. The petition stands disposed of as having become infructuous with no order as to costs. 3. Ad-interim relief granted by this Court on 13.02.2009 stands vacated. ANIL R. DAVE, CJ February 20, 2009 RAMESH RANGANATHAN, J svs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{MSN}