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Judgment
Ran Vijai Singh, J.—Heard Sri B.P.S. Dhakray assisted by Sri K.S. Jadaun, learned counsel for the applicant and Sri Ashok Mehta, learned Additional Solicitor General of India assisted by Sri Gaurau Mahajan, learned counsel for the opposite party. This contempt application has been filed for punishing the opposite party for willful disobedience of the order dated 7-8-2014 passed by this Court in Agra Footwear Manufacturers and Exporters Vs. Union of India in which the following observation was made:
"In the light of the stand taken by the respondents, we dispose of the writ petition directing the Central Board of Excise and Customs to decide the representation of the petitioners, dated 28-5-2013 and representation dated 23-10-2013 (Annexures 3A and 4 to the writ petition), by a reasoned and speaking order within a period of four months from the date of the production of a certified copy of this order."
It is stated that pursuant to the aforesaid order the opposite party No. 2 has passed an order on 18-12-2014 observing as under:
"Accordingly, as a question of law is involved in the matter which is sub-judice, the Board is of the view that it is not appropriate to issue clarification deciding the issue."
Sri Dhakray has invited attention of this Court towards paragraph No. 5 of the affidavit duly sworn by Sri Kaushal Srivastava, opposite party No. 1 on 27th March, 2015 which reads as under:
"5. That the deponent has gone through the contends of counter affidavit filed by Sri Vinod Kumar Agrawal, O.S.D., Draw Back Opposite Party No. 2 and the deponent hereby reiterates and adopts the whole of the contents of the same and the reply of Sri Vinod Kumar Agrawal, O.S.D. Draw Back Opposite Party No. 2 be taken to be the submission of the deponent also."
He has also invited attention of the Court towards paragraph Nos. 9, 19, 20, 24 and 26 of the affidavit duly sworn by Sri Vinod Kumar Agrawal, opposite party No. 2 on 27th March, 2015. In his submission once this Court has directed the Board to pass a reasoned and speaking order the Board could not wash of its hand saying that legal issues are involved and matter is sub-judice. In his submission it amounts to willful disobedience of the order of this Court dated 7-8-2014.
Whereas Sri Mehta submits that the order of the writ Court has been complied with in its letters and spirit. The parties wants to make further submissions. As prayed list on 28th October, 2015. Matter shall not be treated as tied up or part heard before this Court.