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SCA/9227/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9227 of 2009
=========================================
MESSRS
AGRO PACK & 1 - Petitioner(s)
Versus
UNION
OF INDIA & 2 - Respondent(s)
=========================================
Appearance :
MR
PARESH M DAVE for Petitioner(s) : 1 - 2.
NOTICE UNSERVED for
Respondent(s) : 1,
NOTICE SERVED BY DS for Respondent(s) : 2 -
3.
MR GAURANG H BHATT for Respondent(s) : 2 -
3.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
and
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 18/02/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE K.A.PUJ)
The
petitioner has filed this petition under Article 226 of the
Constitution of India praying for a direction to the Respondent Nos.
2 and 3 to forthwith process, sanction and pay 19 rebate claims of
the Petitioner Firm for the total amount of Rs.95,42,215/- with
interest under Section 11BB of the Central Excise Act, 1944.
This
Court has issued notice on 3.9.2009. Pursuant to the notice Mr.
Gaurang H. Bhatt, the learned Standing Counsel appears on behalf of
the Respondent. All pleadings including the Affidavit-in-Reply,
Rejoinder Affidavit as well as Sur-Rejoinder are filed in this
petition.
The
Petitioner has applied for 19 rebate claims way back on 12.9.2009.
Even prior to that also, various letters were written by the
petitioner dated 19.1.2009, 19.3.2009, 28.4.2009, 30.5.2009 and
30.7.2009. The only reply given by the sanctioning authority was
that the papers were taken by Vigilance Cell and hence the rebate
claim could not be processed. The Commissioner is a party to these
proceedings in this petition and notice was also issued to him.
Despite this fact, no further progress is made in the matter.
Looking
to the dispute involved in this petition, we cannot direct the
Respondent authorities to sanction the rebate claim and pay the
amount. However, the matter could be decided as expeditiously as
possible. Since considerable time is elapsed, we direct the
Respondent Nos. 2 and 3 to process the rebate claims of the
petitioner as expeditiously as possible preferably within the period
of two months from the date of receipt of the writ or from the date
of receipt of certified copy of this order, which ever is earlier.
Subject
to the aforesaid direction, this petition is accordingly disposed
of. Notice discharged without any order as to costs.
(K.A.Puj,J)
(Rajesh
H. Shukla,J)
Jayanti*
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