Judgment · High Court · 2014
Case at a glance
- Decided
- 21 Mar 2014
Outcome
Dismissed
Hence, these Writ Petitions are dismissed for non-prosecution
Provisions considered
Judgment
W.P.Nos.32987 and 32991 of 2018__________Page1 of 6IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 09.06.2026CORAMTHE HON'BLE MR JUSTICE M.DHANDAPANIW.P.Nos.32987 and 32991 of 2018W.P.No.32987 of 2018M/s.Aircel Limited, Having its registered office at Opus Centre, 47, Central Road, Opposite Tunga Paradise, MIDC, Andheri East, Mumbai-400093 and Office at5th Floor, Spencer Plaza,769, Anna Salai, Chennai-600 002....PetitionerVs.
The Assistant Commissioner of Customs (Refunds-AIR), New Customs House, Air Cargo Complex, Meenambakkam, Chennai-600 027.
Commissioner of Customs (Airport), New Customs House, Air Cargo Complex, Meenambakkam, Chennai-600 027.
Government of India, Through its Secretary, Finance, Rajpath Marg, E Block, Central Secretariat, Delhi-110 011. https://www.mhc.tn.gov.in/judis W.P.Nos.32987 and 32991 of 2018__________Page2 of 6 ...Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records quashing the Order-in-Original No.561/2018 (Refunds-AIR) dated 17.10.2018 issued by the first respondent and direct the first respondent to forthwith refund the amount of Rs.12,33,88,965/- (Rupees Twelve Crores Thirty Three Lakhs Eighty Eight Thousand Nine Hundred and Sixty Five only), which was deposited by the petitioner in terms of the direction of this Court in order dated 21 March 2014 in C.M.A.No.1014 of 2014 as ‘interim deposit’ during the pendency of Customs Appeal Number C/40164/2013-DB before Customs, Excise and Service Tax Appellate Tribunal, Chennai, vide TR-6 Challan No.587 dated 06 June 2014 under Section 129E of the Customs Act, 1962 (as applicable) along with interest under Section 129EE of the Customs Act.
W.P.No.32991 of 2018M/s.Aircel Cellular Limited, Having its registered office at Opus Centre, 47, Central Road, Opposite Tunga Paradise, MIDC, Andheri East, Mumbai-400093 and Office at5th Floor, Spencer Plaza,769, Anna Salai, Chennai-600 002....PetitionerVs. https://www.mhc.tn.gov.in/judis W.P.Nos.32987 and 32991 of 2018__________Page3 of 61. The Assistant Commissioner of Customs (Refunds-AIR), New Customs House, Air Cargo Complex, Meenambakkam, Chennai-600 027.2.Commissioner of Customs (Airport), New Customs House, Air Cargo Complex, Meenambakkam, Chennai-600 027.3.Government of India, Through its Secretary, Finance, Rajpath Marg, E Block, Central Secretariat, Delhi-110 011. ...Respondents Prayer in: Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records quashing the Order-in-Original No.562/2018 (Refunds-AIR) dated 20.10.2018 issued by the first respondent and direct the first respondent to forthwith refund the amount of Rs.5,10,62,807/- (Rupees Five Crores Ten Lakhs Sixty Two Thousand Eight Hundred and Seven only), which was deposited by the petitioner in terms of the direction of this Court in order dated 21 March 2014 in C.M.A.No.1013 of 2014 as ‘interim deposit’/pre-deposit during the pendency of Customs Appeal Number C/40163/2013-DB before Customs, Excise and Service Tax Appellate Tribunal, Chennai, vide TR-6 Challan No.588 dated 06 June 2014 under Section 129E of the Customs Act, 1962 (as applicable) along with interest under Section 129EE of the Customs Act. https://www.mhc.tn.gov.in/judis W.P.Nos.32987 and 32991 of 2018__________Page4 of 6 In both petitionsFor Petitioner :No appearanceFor Respondents :Mr.A.P.SrinivasSenior Standing Counselfor R1 and R2Ms.DurgaraniCentral Government Standing Counselfor R3C O M M O N
Operative part
O R D E RWhen the matters were taken up for hearing on 05.06.2026, there was no representation for the petitioner and therefore, the matter was directed to be listed today under the caption “for dismissal”. Today also, there is no representation for the petitioner. Hence, these Writ Petitions are dismissed for non-prosecution. There shall be no order as to costs. 09.06.2026Index: Yes/NoSpeaking/Non-speaking orderNeutral Citation: Yes/NossbTo1.The Assistant Commissioner of Customs (Refunds-AIR), New Customs House, Air Cargo Complex, Meenambakkam, Chennai-600 027. https://www.mhc.tn.gov.in/judis W.P.Nos.32987 and 32991 of 2018__________Page5 of 62. Commissioner of Customs (Airport), New Customs House, Air Cargo Complex, Meenambakkam, Chennai-600 027.3.Government of India, Through its Secretary, Finance, Rajpath Marg E Block, Central Secretariat, Delhi-110 011. https://www.mhc.tn.gov.in/judis W.P.Nos.32987 and 32991 of 2018__________Page6 of 6M.DHANDAPANI, J.ssbW.P.Nos.32987 and 32991 of 201809.06.2026
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Hence, these Writ Petitions are dismissed for non-prosecution
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; EE of the Customs Act.
Which court decided this case, and when?
Madras High Court, on 21 Mar 2014.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.