Telangana High Court
WP/27726/2005 of M/s. Medinova Diagnostic Service Ltd., Vs The Commissionr of Customs AND Central Excise, on 28 December 2005
SINGHVI, THE CHIEF JUSTICE AND HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.27726 OF 2005 Between: M/s. Medinova Diagnostic Services Limited, Rep. by its Director Sri S. Basu Thakur Registered Office at 6-3-652, Somajiguda, Hyderabad – 500 082. .. Petitioner AND The Commissioner
HONOURABLE SRI G.S. SINGHVI, THE CHIEF JUSTICE
AND
HON'BLE SRI JUSTICE R. SUBHASH REDDY
WRIT PETITION No.27726 OF 2005
Between:
M/s. Medinova Diagnostic Services Limited, Rep. by its Director Sri S. Basu ThakurRegistered Office at 6-3-652, Somajiguda,Hyderabad – 500 082.
AND
.. Petitioner
The Commissioner of Customs & Central ExciseHyderabad – II, Commissionerate, L.B. Stadium Road,Basheerbagh, Hyderabad – 500 004.
.. Respondent
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::ORDER::
Counsel for the Petitioner : Mr. T.P. AcharyaCounsel for the Respondent :Mr. A. Rajasekhar Reddy, Asst. Solicitor General.
Per G.S. Singhvi, CJ
This is a petition for quashing notice dated 08-12-2005 issued by Commissionerof Customs and Central Excise, Hyderabad – II (respondent) to the petitionerrequiring it to deposit a sum of Rs.27,24,551/- in terms of order dated 29-03-2004 passed in the proceedings initiated for levy of differential duty.
After arguing the case for some time, learned counsel for the petitioner made arequest that his client may be permitted to withdraw the writ petition with libertyto make a representation to the respondent for extension of time specified inthe notice. He then submitted that the petitioner has already deposited a sum ofRs.8,50,000/- and, therefore, the respondent may be directed not to take anycoercive steps till the balance amount is deposited.
In our opinion, the request of the learned counsel for grant of permission to hisclient to withdraw the writ petition is reasonable and merits acceptance.
Hence, the writ petition is dismissed as withdrawn with liberty to the petitionerto approach the respondent for extension of time specified in notice dated 08-12-2005.
G.S. SINGHVI, C.J.
Date:28-12-2005
R. SUBHASH REDDY, J