1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.14599 of 2011 and M.P.(MD)No.1 of 2011 M/s K.G.Denim Limited, Represented by its Manager (Export Logistics), Mr.A.Ramalingam, Jadayampalayam, Mettupalayam, Coimbatore District. ...Petitioner Vs 1. The Customs, Excise and Service Tax Appellate Tribunal, Shastri Bhavan, No.26, Haddows Road, Chennai-600 006. 2. The Commissioner of Customs, Customs House, Tuticorin 628 004. ...Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the second respondent to release the duty drawback amounts sanctioned to the petitioner on various dates but withheld without any authority of law and not to take any recovery proceeding against the petitioner till the disposal of stay petition filed by the petitioner in No.C/S/266-2011 in C/357/2011, dated 23.11.2011 before the first respondent. For Petitioner : Mr.S.P.Maharajan For Respondents : Mr.R.Aravindan for R.2 O R D E R This Writ Petition has been filed by the petitioner under Article 226 of the Constitution of India for a Writ of Mandamus directing the second respondent to release the duty drawback amounts sanctioned to the petitioner on various dates but withheld without any authority of law and not to take any recovery proceeding against the petitioner till the disposal of stay petition filed by the petitioner in No.C/S/266-2011 in C/357/2011, dated 23.11.2011 before the first respondent. 2. Heard Mr.S.P.Maharajan, learned Counsel for the petitioner and Mr.R.Aravindan, learned Counsel, who takes notice for the second respondent. 3. By consent, the writ petition itself is taken up for final disposal. https://hcservices.ecourts.gov.in/hcservices/ 2 4. The petitioner K.G.Denim Limited, who has suffered from the order-in-original No.3 of 2011 dated 03.03.2011, has filed an appeal, aggrieved by the said order, before the first respondent/Customs, Excise and Service Tax Appellate Tribunal, Chennai. 5. But the first respondent/the Appellate Tribunal is not sitting for quite some time due to want of quorum. Unless, the vacancy occurred in the office of the first respondent is filled up, the Tribunal will not be in a position to transact its official business, by holding a public hearing. Under this circumstance, the petitioner has come to this Court apprehending that taking advantage of the fact, the second respondent is coercing the petitioner to pay the demand confirmed in the order in original passed by the second respondent. 6. Mr.R.Aravindan, learned Counsel appearing for the second respondent submits that the Tribunal is going to function shortly, as vacancies have already been filled up. 7. However, as on date, since the first respondent/the Tribunal is vacant for some time and in the meanwhile by taking advantage of non- sitting of the Tribunal, as the second respondent is taking coercive steps, this Court directs the second respondent not to take any coercive steps till the disposal of the stay petition filed by the petitioner in No.C/S/266-2011 in C/357/2011, dated 23.11.2011. 8. With the above directions, this writ petition is disposed of. Consequently, the connected Miscellaneous Petitions are also closed. No costs. Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To 1. The Customs, Excise and Service Tax Appellate Tribunal, Shastri Bhavan, No.26, Haddows Road, Chennai-600 006. 2. The Commissioner of Customs, Customs House, Tuticorin 628 004. +1cc to Mr.R.Aravindan, Advocate, Sr.No.44922 ssl GH : 04.01.2012 : 2p/4c W.P.(MD)No.14599 of 2011 and M.P.(MD)No.1 of 2011 21.12.2011 https://hcservices.ecourts.gov.in/hcservices/