1998 (3) TMI 684

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.... Haranahalli, CGSC) ORDER The prayer in this writ petition is for a writ or mandamus to the respondent for refund of Rs. 11,02,919/- along with interest at 18% from the date of the order of the Assistant Collector of Central Excise i.e., 13-9-1989 by which sanction of refund was ordered. It was also observed that the refund sanctioned will be released by cheque only after receipt of confirma....

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....ction 3 provided that nit withstanding to the contrary anything contained in any judgment, decree order or direction of the Appellate Tribunal or any Court or in any other provision of this Act or the rules made thereunder or any other law for the time being in force , no refund shall be made except as provided in sub-section (2). Sub-section (2) provides that if on receipt of such application,....

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....1B(2), the petitioner is not eligible for any refund. This is a question if fact and the petitioner can approach the authority, but no direction aby way of issue of writ of mandamus can be granted by this Court. 3. In present of the other application files by the petitioner and the show-cause notice issued by the respondent, the petitioner may submit his reply and the respondent may consider th....