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2025 DAILYLAW 92293 (MAD)

M/S.HYUNDAI MOTOR INDIA LIMITED v. THE DIRECTOR GENERAL OF FOREIGN TRADE

WP/30717/2023 · 2025-04-25

Abdul Quddhose

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P. Nos.30717 and 30724 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 25.04.2025 CORAM THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE W.P. Nos.30717 and 30724 of 2023 W.P. No.30717 of 2023: M/s.Hyundai Motor India Limited, Represented by its General Manager- Traffic and Customs, Mr.K. Mohana Sundaram, Plot No.H-1, SIPCOT Industrial Park, Irrungattukottai, Sriperumbudur Taluk, Kancheepuram District, Tamil Nadu - 602 117. ... Petitioner Vs. 1. The Director General of Foreign Trade, Ministry of Commerce and Industry, Government of India, Udyog Bhawan, New Delhi - 110 001. 2. Directorate General of Systems and Data Management, Central Board of Indirect Taxes and Customs, Department of Revenue Ministry of Finance, 1st Floor, CR Building, IP Estate, New Delhi - 110 095. 3. Zonal Additional Director General of Foreign Trade, Ministry of Commerce and Industry, 4th Floor, Shastri Bhawan, 26, Haddows Road, Nungambakkam, 1/6 https://www.mhc.tn.gov.in/judis W.P. Nos.30717 and 30724 of 2023 Chennai - 600 006. 4. The Commissioner of Customs, Chennai - IV, Custom House, No.60, Rajaji Salai, Chennai - 600 001. 5. Deputy Commissioner of Customs, Chennai - IV, Custom House, No.60, Rajaji Salai, Chennai - 600 001. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India in the nature of Writ of Mandamus, directing the 4th respondent to transmit 26 shipping bills to the 1st respondent in terms of advisory No.07/2023 dated 11.04.2023 issued by the 2nd respondent and direct the 1st respondent to grant MEIS rewards to the petitioner. For Petitioner : Mr. S. Ganesh Aravindh For Respondents : Mr.T. Ramesh Kutty Senior Standing Counsel for Mr. B. Sivaraman for R3 to R5 *** W.P. No.30724 of 2023: M/s.Hyundai Motor India Limited, Represented by its General Manager- Traffic and Customs, Mr.K. Mohana Sundaram, Plot No.H-1, SIPCOT Industrial Park, Irrungattukottai, Sriperumbudur Taluk, 2/6 https://www.mhc.tn.gov.in/judis W.P. Nos.30717 and 30724 of 2023 Kancheepuram District, Tamil Nadu - 602 117. ... Petitioner Vs. 1. The Director General of Foreign Trade, Ministry of Commerce and Industry, Government of India, Udyog Bhawan, New Delhi - 110 001. 2. Directorate General of Systems and Data Management, Central Board of Indirect Taxes and Customs, Department of Revenue Ministry of Finance, 1st Floor, CR Building, IP Estate, New Delhi - 110 095. 3. Zonal Additional Director General of Foreign Trade, Ministry of Commerce and Industry, 4th Floor, Shastri Bhawan, 26, Haddows Road, Nungambakkam, Chennai - 600 006. 4. The Commissioner of Customs, Chennai - IV, Custom House, No.60, Rajaji Salai, Chennai - 600 001. 5. Deputy Commissioner of Customs, Chennai - IV, Custom House, No.60, Rajaji Salai, Chennai - 600 001. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India in the nature of Writ of Mandamus, directing the 5th respondent to grant certificate of amendment in respect of shipping bill No.5117190 dated 25.06.2019, 3128448 dated 11.06.2020 and 4025008 dated 10.02.2017. For Petitioner : Mr. S. Ganesh Aravindh 3/6 https://www.mhc.tn.gov.in/judis W.P. Nos.30717 and 30724 of 2023 For Respondents : Mr.T. Ramesh Kutty Senior Standing Counsel for Mr. B. Sivaraman for R3 to R5 *** COMMON ORDER It is brought to the notice of this Court by the learned standing counsel appearing for the fourth respondent that the 26 shipping bills, which are the subject matter of these writ petitions, have been transmitted to the first respondent after making the necessary amendments as requested by the petitioner to enable the petitioner to obtain MEIS rewards as prayed for in these writ petitions. 2. The certificate of amendment dated 09.04.2025, pertaining to the three shipping bills as well as the e-mail dated 03.04.2025 sent by the fourth respondent to the petitioner in respect of the remaining 23 shipping bills, confirms that the amendments have been made by the fourth respondent to all the 26 shipping bills as requested by the petitioner and have been forwarded to the first respondent to enable the petitioner to obtain MEIS rewards as prayed for by the petitioner in these writ petitions. 4/6 https://www.mhc.tn.gov.in/judis W.P. Nos.30717 and 30724 of 2023 3. The petitioner is, therefore, directed to give a fresh representation to the first respondent based on the confirmation given by the fourth respondent before this Court that all the 26 shipping bills, which are the subject matter of these writ petitions have been transmitted to the first respondent (DGFT) to enable the petitioner to obtain MEIS awards in respect of those shipping bills, seeking for grant of MEIS awards within a period of two weeks from the date of receipt of a copy of this order. The first respondent shall pass final orders on merits and in accordance with law based on the confirmation given by the fourth respondent that all the 26 shipping bills, which are the subject matter of these writ petitions have been amended within a period of four weeks thereafter after providing one personal hearing to the petitioner. 4. With the aforesaid directions, these writ petitions are disposed of. No Costs. 25.04.2025 Index : Yes/No Speaking Order : Yes / No Neutral Citation Case: Yes / No ab 5/6 https://www.mhc.tn.gov.in/judis W.P. Nos.30717 and 30724 of 2023 ABDUL QUDDHOSE. J., ab To 1. The Director General of Foreign Trade, Ministry of Commerce and Industry, Government of India, Udyog Bhawan, New Delhi - 110 001. 2. Directorate General of Systems and Data Management, Central Board of Indirect Taxes and Customs, Department of Revenue Ministry of Finance, 1st Floor, CR Building, IP Estate, New Delhi - 110 095. 3. Zonal Additional Director General of Foreign Trade, Ministry of Commerce and Industry, 4th Floor, Shastri Bhawan, 26, Haddows Road, Nungambakkam, Chennai - 600 006. 4. The Commissioner of Customs, Chennai - IV, Custom House, No.60, Rajaji Salai, Chennai - 600 001. 5. Deputy Commissioner of Customs, Chennai - IV, Custom House, No.60, Rajaji Salai, Chennai - 600 001. W.P. Nos.30717 and 30724 of 2023 6/6 https://www.mhc.tn.gov.in/judis