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Judgment
The prayer in the writ petition read as follows :-
................ to issue a writ of mandamus or any other appropriate writ, direction or order to direct the Assistant Collector of Customs, Duty Draw
Back Department, Customs House, Madras - 600 001, to pass appropriate and suitable orders of refund on the claim for duty draw back made
by the Petitioner on 31-3-1981. .....
The petitioner is a Government of India Public Sector Undertaking. The Supreme Court in 1992 (61) ELT 3 (SC) , under similar circumstances,
has held as follows :-
We direct that the Government of India shall set up a committee consisting representatives from the Ministry of Industry, the Bureau of Public
Enterprises and the Ministry of Law, to monitor disputes between Ministry and Ministry of Government of India, Ministry and Public Sector
Undertaking of the Government of India and Public Sector Undertakings in between themselves, to ensure that no litigation come to court or to a
Tribunal without the matter having been first examined by the Committee, and its clearance for litigation. Government may include a representative
of the Ministry concerned in a specific case and one from the Ministry of finance in the Committee. Senior officers only should be nominated so
that the Committee would function with status, control and discipline.
It shall be the obligation of every court and every Tribunal where such a dispute is raised hereafter to demand a clearance from the committee in
case it has not been so pleaded and in the absence of the clearance, the proceedings would not be proceeded with.
Following the above ruling of the Supreme Court, instead of disposing of the case on merits, the parties are directed to refer the matter to
arbitration and settle the disputes in the light of the direction given by the Supreme Court (extracted above). The writ petition is disposed of
accordingly. No costs.