Vijay Kumar Goenka vs Union of India (UOI)

Rule : Heard forthwith.

It is not necessary to set out the facts in detail. The issue is squarely covered by the judgment of this Court in Arviva Industries (I) Ltd. Vs. Union of India (UOI), .

Revenue aggrieved, preferred an appeal to the Supreme Court. That appeal was dismissed. The judgment is reported in Union of India v. Arviva Industries (I) Ltd. reported in 2007 (209) E.L.T. 5 (S.C.).

Once the law was declared and the judgment of this Court was upheld by the Supreme Court, it is the duty of the respondents in every matter which came up before them and to which the judgment applied to have suo motu applied the same without driving the party to move this Court. We had at one point of time thought of imposing exemplary cost on the officer concerned for making the petitioners for moving this Court and incur costs. On behalf of the respondents, learned Counsel states that the respondents will dispose off the application at the earliest and in any case within a period of six weeks from today.

In the light of that, rule made absolute in terms of prayer Clause (a). The pending applications shall be disposed off within not less than six weeks from today. On failure to dispose of the application in each of the petition, respondents to pay cost to the petitioners in the respective petition quantified at Rs. 50,000/-. We direct the respondents to dispose off the pending application according to law declared by this Court and approved by the Supreme Court. If the application is allowed the relief what the petitioners are entitled to should be granted immediately.