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K.P.L. Packaging Pvt. Ltd. Vs. Union of India (Uoi) - Court Judgment

SooperKanoon Citation

Subject

Excise

Court

Allahabad High Court

Decided On

Case Number

Civil Misc. Writ Petition No. 591 of 1995

Judge

Reported in

1995(79)ELT12(All)

Appellant

K.P.L. Packaging Pvt. Ltd.

Respondent

Union of India (Uoi)

Respondent Advocate

H.S.N. Tripathi, Adv.

Excerpt:


- order1. heard counsel for the petitioner and shri h.s.n. tripathi for union of india.2. the contention of the petitioner is that as a result of the decision given by customs, excise and gold (control) appellate tribunal (c.e.g.a.t.), the petitioner has become entitled to refund and for that it applied by an application dated 18-3-1993 (annexure 2 to the writ petition) which is said to be still pending with respondent no. 2.3. it is a matter of great regret that the petitioner should come to this court to seek a mandamus for such purpose.4. upon hearing the parties, the petition is disposed of finally directing respondent no. 2 to decide the aforesaid refund claim of the petitioner within two months from the date a certified copy of this order is produced before him by the petitioner.

Judgment:


ORDER

1. Heard counsel for the petitioner and Shri H.S.N. Tripathi for Union of India.

2. The contention of the petitioner is that as a result of the decision given by Customs, Excise and Gold (Control) Appellate Tribunal (C.E.G.A.T.), the petitioner has become entitled to refund and for that it applied by an application dated 18-3-1993 (Annexure 2 to the writ petition) which is said to be still pending with respondent No. 2.

3. It is a matter of great regret that the petitioner should come to this Court to seek a mandamus for such purpose.

4. Upon hearing the parties, the petition is disposed of finally directing respondent No. 2 to decide the aforesaid refund claim of the petitioner within two months from the date a certified copy of this order is produced before him by the petitioner.


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