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

SooperKanoon Citationsooperkanoon.com/485695
SubjectExcise
CourtAllahabad High Court
Decided OnApr-21-1995
Case NumberCivil Misc. Writ Petition No. 591 of 1995
JudgeOm Prakash and ;B.S. Chauhan, JJ.
Reported in1995(79)ELT12(All)
AppellantK.P.L. Packaging Pvt. Ltd.
RespondentUnion of India (Uoi)
Respondent AdvocateH.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.