2013 (6) TMI 706

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....ed by Shri P.S. Champaneri, learned Assistant Solicitor General of India appearing on behalf of the Union of India and the respondents - Department. 1. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs : "(a)  to issue a writ order or direction setting aside the impugned order dated March 21, 2011 passed by Respondent No. 3 and Order dated April 13, 2012 passed by Respondent No. 4 in Appeal and instructions contained in the minutes dated March 15, 2011 and September 9, 2011 of PIC as being illegal, arbitrary, contrary to FTDR Act and violative of Articles 14, 19(1)(g) and 300A of the Constitution of India; (b)     to pass an orde....

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.... that the DGFT shall take a fresh decision on the representation to be made by the petitioner and after giving an opportunity of personal hearing to the representation of the petitioner with open mind and independently and without in anyway being influenced by the earlier decisions. Shri Raval, learned counsel appearing for the respondent has submitted that petitioner shall be informed with respect to the date of the personal hearing within a period of one week from today, however, the same personal hearing shall be afforded within a period of four weeks from today. 4. Shri Ghosh, learned counsel appearing on behalf of the petitioner has stated that the petitioner shall submit a fresh detailed representation to the DGFT in support o....

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.... heard learned counsel appearing for the respective parties and considering the aforesaid facts and circumstances and the stand taken by the learned counsel appearing for the respective parties under the instructions from their respective clients, recorded hereinabove, without further entering into the merits of the case and/or expressing anything on merits in favour of either party, the present Special Civil Application is disposed of with following directions and observations. (i)      Let the petitioner submit fresh detailed representation against the decision of the Jt. DGFT as well as in support of their case that they are eligible to get duty drawback with respect to the goods in question under the relevant....