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2025 DAILYLAW 69165 (MAD)

M/s.Shri Indhira Cotton Mills Pvt Ltd v. The Zonal Joint Director General of Foreign Trade

WA/1907/2025 · 2025-08-28

Anita Sumanth, N Senthilkumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:MHC:2122 W.A.Nos.1907 & 1909 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.08.2025 CORAM : THE HONOURABLE DR.JUSTICE ANITA SUMANTH and THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR W.A.Nos. 1907 & 1909 of 2025 and C.M.P.Nos. 14532 & 14536 of 2025 W.A.No. 1907 of 2025 M/s. Shri Indhira Cotton Mills Pvt Ltd., Rep. by its General Manager, Mr.K.Selvarajan, Post Box No.6, Jagampat Gardens, Chrompet, Chennai – 600 044. .. Appellant vs 1.The Zonal Joint Director General of Foreign Trade Ministry of Commerce & Industry, 4th Floor, Shastri Bhavan Annexe, No.26, Haddows Road, Chennai – 600 006. 2.The Additional Director General of Foreign Trade, Ministry of Commerce & Industry, 4th Floor, Shastri Bhavan Annexe, No.26, Haddows Road, Chennai – 600 006. 3.The Additional Commissioner of Customs, EODC – Chennai IV, Customs House, No. 60, Rajaji Salai, 1/6 https://www.mhc.tn.gov.in/judis W.A.Nos.1907 & 1909 of 2025 Chennai – 600 001. 4.The Joint Commissioner of Customs, EODC – Chennai IV, Customs House, No.60, Rajaji Salai, Chennai – 600 001. .. Respondents W.A.No. 1909 of 2025 M/s. Shri Indhira Cotton Mills Pvt Ltd., Rep. by its General Manager, Mr.K.Selvarajan, Post Box No.6, Jagampat Gardens, Chrompet, Chennai – 600 044. .. Appellant vs 1.The Chairman The Policy Relaxation Committee, Ministry of Commerce and Industry, Director General of Foreign Trade, Udyog Bhawan, New Delhi – 110 001. 2.The Additional Director General of Foreign Trade, Ministry of Commerce & Industry, 4th Floor, Shastri Bhavan Annexe, No.26, Haddows Road, Chennai – 600 006. 3.The Zonal Joint Director General of Foreign Trade Ministry of Commerce & Industry, 4th Floor, Shastri Bhavan Annexe, No.26, Haddows Road, Chennai – 600 006. 4.The Additional Commissioner of Customs, EODC – Chennai IV, Customs House, No. 60, Rajaji Salai, Chennai – 600 001. 2/6 https://www.mhc.tn.gov.in/judis W.A.Nos.1907 & 1909 of 2025 5.The Joint Commissioner of Customs, EODC – Chennai IV, Customs House, No.60, Rajaji Salai, Chennai – 600 001. .. Respondents Prayer in W.A.No. 1907 of 2025: Appeal filed under Clause 15 of Letters Patent against order dated 18.10.2024 made in W.P.No. 13439 of 2021. Prayer in W.A.No. 1909 of 2025: Appeal filed under Clause 15 of Letters Patent against order dated 18.10.2024 made in W.P.No. 18788 of 2024. For Appellant : Mr.Shanmugam.T (in both appeals) For Respondents : Ms.V.Sudha Senior Standing Counsel for R1, R2 (in both appeals) COMMON JUDGMENT (Delivered by Dr. ANITA SUMANTH.,J) Read this order in continuation of and in conjunction with earlier orders, particularly order dated 30.07.2025 that is extracted below:- “The entire issue in this Writ Appeal would be otiose, if the application filed by the appellant before the Policy Relaxation Committee (PRC) is disposed. The application was filed as early as on 23.07.2021 and has been pending since then. 2. In the recent reminder dated 17.02.2025, the appellant has highlighted the decision of the PRC dated 10.02.2023 to the following effect: 'The Committee deliberated upon the case and decided to defer it with a direction to call for a 3/6 https://www.mhc.tn.gov.in/judis W.A.Nos.1907 & 1909 of 2025 report of RA on the submissions made by the applicant along with copy of Shipping Bills in question'. 3. We find absolutely no justification for the matter to have been kept pending by the PRC for a period of four years. We are unaware as to whether the delay is on account of the non- submission of the report by RA or whether the report has been received. 4. In any event, there is a direction to the PRC to dispose application dated 23.07.2021 on or before 26.08.2025, after hearing the appellant and in accordance with law. 5. Ms.Sudha, learned Senior Central Government Standing Counsel for R1 and R2, on instructions from the PRC, submits that the hearing may be convened on 08.08.2025. Since time is short, the appellant may appear online for the hearing, if he so prefers, for which purpose necessary meeting link be sent in advance to the appellant. 6. List on 28.08.2025 under the caption 'to receive order of PRC'. 2. Today both learned counsel would submit that the PRC has disposed the application and a copy of its order dated 26.08.2025 is produced, adverse to the appellant. 3. In light of the aforesaid, nothing survives in these writ appeals and recording the aforesaid, these writ appeals are closed. No costs. Liberty is granted to the appellant to challenge order dated 26.08.2025 (as referred to in paragraph 6 of that order, the order being 4/6 https://www.mhc.tn.gov.in/judis W.A.Nos.1907 & 1909 of 2025 undated otherwise), in accordance with law. Connected miscellaneous petitions are closed. [A.S.M., J] [N.S., J] 28.08.2025 Index:Yes/No Neutral Citation:Yes ssm To 1.The Chairman The Policy Relaxation Committee, Ministry of Commerce and Industry, Director General of Foreign Trade, Udyog Bhawan, New Delhi – 110 001. 2.The Additional Director General of Foreign Trade, Ministry of Commerce & Industry, 4th Floor, Shastri Bhavan Annexe, No.26, Haddows Road, Chennai – 600 006. 3.The Zonal Joint Director General of Foreign Trade Ministry of Commerce & Industry, 4th Floor, Shastri Bhavan Annexe, No.26, Haddows Road, Chennai – 600 006. 4.The Additional Commissioner of Customs, EODC – Chennai IV, Customs House, No. 60, Rajaji Salai, Chennai – 600 001. 5.The Joint Commissioner of Customs, EODC – Chennai IV, Customs House, No.60, Rajaji Salai, Chennai – 600 001. 5/6 https://www.mhc.tn.gov.in/judis W.A.Nos.1907 & 1909 of 2025 DR. ANITA SUMANTH, J. and N.SENTHILKUMAR, J. ssm W.A.Nos. 1907 & 1909 of 2025 28.08.2025 6/6 https://www.mhc.tn.gov.in/judis