High CourtsDivision Bench(1989) 01 BOM CK 0037

Shakti Metal Industries vs The Union of India (UOI) and Others

Bombay High Court · Decided on 12 January 1989 · Citation: (1989) 22 ECR 640

HON’BLE JUDGES
S.K. Desai, Acting C.J. · H.H. Kantharia, J
RESULT
Dismissed
CASE NUMBER
Appeal No. 1097 of 1988 in Writ Petition No. 2156 of 1982

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Judgment

3 paragraphs · 229 words

S.K. Desai, Ag. C.J.

1.

In this appeal, the order of the learned single Judge dated 20th April, 1988 stands impugned. As we understand this order the learned single Judge has formed a view that the petitioners'' have not paid the countervailing duty on the entire raw material used by the petitioners. In view of the rather loose phraseology employed in the petition particularly in para 9(k), we cannot say that the learned Judge is in any error. Even otherwise it appears from Exhibit "F'' that only certain" information is being sought from the petitioners. We are sure that if the petitioners show and demonstrate that the necessary duty has been paid on the entire raw material used by the petitioners either imported by them or'' brought from the market, they will be entitled to the benefit of the exemption notification. If and when any adverse order is passed against them it would be then open to the petitioners to carry the matter in appeal or to impugn those orders by appropriate writ proceedings.

2.

In this view of the matter, the appeal stands dismissed but with no order as to costs. In view of the dismissal of the appeal, Notice of Motion No. 2497 of 1988 does not survive and the same will also stand dismissed. There will be no order as to costs of the Motion also.