1991 (5) TMI 60

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....alf of the respondents, it has been, inter alia, pleaded that the petitioners have been given a show cause notice. It is intended to afford an opportunity to them. Instead of availing of the opportunity and exhausting the departmental channels, the petitioners have approached the Court. It has been contended that the writ petitions are misconceived. 2. For appreciating the factual and legal position, the averments made in C.W.P No. 1552 of 1988 alone may be considered. The Petitioner claims to be engaged in manufacturing steel forgings. It is averred that the raw material is cut to the required length and thereafter the pieces are heated to a temperature of 1250°C approximately. Thereafter, the heated pieces of steel are forged in close....

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.... that the instructions having been withdrawn, the subsequent issue of show cause notice etc. cannot be sustained. He also contends that the action of the respondents is barred by limitation. Mr. Ashutosh Mohunta appearing for the respondents, however, contends that there was serious dispute on facts between the parties which could not be gone into by this Court in the exercise of its jurisdiction under Article 226 of the Constitution. He further contends that the premises of the petitioner had been raided on July 11,1987 and the notice had been issued in January, 1988. The learned counsel submitted that the action was thus not barred by limitation. 5. After hearing learned counsel for the parties, it appears that there is serious dispute....