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2022 Supreme(Mad) 2950

M. NIRMAL KUMAR
Nordex India Private Limited, Rep. by its Director, Prashanth Pandarish Vittal, Bangalore – Appellant
Versus
Commissioner of Customs, New Harbour Estate, Tuticorin – Respondent


Advocates appeared:
For the Petitioner:Joseph Prabakar, Advocate. For the Respondent: R. Aravindan, Senior Standing Counsel.

JUDGMENT

(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, to call for the records in C.No.VIII/10/78/2018-Adjn in Order in Original No.14/2018, dated 19.12.2018, passed by the respondent and quash the same as arbitrary and illegal.)

1. This Writ Petition is filed seeking to quash the order dated 19.12.2018, passed by the respondent in C.No.VIII/10/78/2018-Adjn in Order in Original No.14/2018.

2. The petitioner is engaged in the manufacture, erection, installation and commissioning of Wind Operated Electricity Generators [WOEG], commonly known as Windmills. For setting up a Windmill, expertise in installation and commissioning of the Windmills at the site is required. Originally, the petitioner's Company carried on business in the name and style of ''Accoina Windpower India Private Limited'' and later, changed its name to ''Nordex India Private Limited'' with effect from 26.09.2018.

3. The petitioner imported various materials and parts of Windmills through Tuticorin Port, for manufacture, erection and installation of the Wind Operated Electricity Generators in the specified site of the customers. While some of the part

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