IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 04-02-2011 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.2705 of 2011 and M.P.No.1 of 2011 M/s.Skylark Office Machines, Shop NO.4, Ground Floor, Door No.10, Aziz Mulk 4th Street, Thousand Lights, Chennai-600 006. Rep.by its Proprietor Mr.Rohit Jhunjhunwalla ... Petitioner --Vs-- 1.The Commissioner of Customs (Seaport-Exports), Custom House, No.60, Rajaji Salai, Chennai-600 001. 2.The Addl.Commissioner of Customs (Group-7 B), Custom House, No.60, Rajaji Salai, Chennai-600 001. 3.Director General of Foreign Trade & Ex-officio Additional Secretary to the Government of India, Ministry of Commerce and Industry, Department of Commerce, New Delhi. ... Respondents Prayer: Petition filed under Article 226 of constitution of India seeking for a Writ of Mandamus, directing the respondents 1 & 2 herein to permit the clearance of the 112 units of the secondhand Digital Multifunction Print & Copying Machines imported vide Bill of Entry No.750987 dated 17.01.11 enhanced CIF value of Euro 18,080/- under free as second hand capital goods in terms of para 2.17 read with definition under para 9.12 of the Foreign Trade policy of 2009- 14 without imposing any restriction in the absence of any specific restriction in para 2.17 of the policy and para 2.33 of the Handbook of procedures 2009-14 or any notification issued by the 3rd Respondent restricting the import of the said goods under Section 5 read with Section 3(2) of the Foreign Trade (Development and Regulation) Act https://hcservices.ecourts.gov.in/hcservices/ 1992. For Petitioner : Mr.P.Jagadeesan For Respondents : Mr.T.R.Senthilkumar (R1 and R2) Mr.P.Mahadevan (CGSC) (R3) O R D E R Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents 1 and 2, as well as the learned counsel appearing for the 3rd respondent. 2. The learned counsels appearing for both sides had submitted that the issue involved in this writ petition is covered by the judgment of this Court, dated 2.12.2010, in W.P.No.26964 of 2010, wherein, this Court, following the earlier order passed by the Division Bench of this Court, dated 21.10.2009, made in W.A.No.1508 of 2009 (THE COMMISSIONER OF CUSTOMS (IMPORTS), SEAPORT, CHENNAI AND ANOTHER Vs. M/S.POLYCRAFT EXPORTS (P) LTD., AND ANOTHER), had directed the petitioner to deposit 25% of the enhanced value, apart from paying the applicable rate of duty on the enhanced value. On complying with the above said conditions, the respondents are directed to release the goods, with liberty to the respondents to proceed further, in accordance with law. 3. Hence, following the order passed by this Court, on 2.12.2010, in W.P.No.26964 of 2010, the writ petition is disposed of, directing the petitioner to deposit 25% of the enhanced value, apart from paying the applicable rate of duty on the enhanced value. On complying with the above said conditions, the respondents are directed to release the goods, with liberty to the respondents to proceed further, in accordance with law. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar arr To 1.The Commissioner of Customs (Seaport-Exports), Custom House, No.60, Rajaji Salai, Chennai-600 001. https://hcservices.ecourts.gov.in/hcservices/ 2.The Addl.Commissioner of Customs (Group-7 B), Custom House, No.60, Rajaji Salai, Chennai-600 001. 3.Director General of Foreign Trade & Ex-officio Additional Secretary to the Government of India, Ministry of Commerce and Industry, Department of Commerce, New Delhi. 2 cc to Mr.P.Jagadeesan, Advocate, Sr.No.8365 Writ Petition No.2705 of 2011 VD {CO} TP/4.2.2011. https://hcservices.ecourts.gov.in/hcservices/