Calcutta High Court (Appellete Side)
Kc Kamyab Overseas India Limited & Anr vs The Union Of India & Ors on 4 July, 2017
Author: Debangsu Basak
Bench: Debangsu Basak
1
41 W.P. No. 16488(W) of 2017
04.07.2017
KC Kamyab Overseas India Limited & Anr.
Vs.
The Union of India & Ors.
Mr. Pranit Bag
Mr. Indra Prosad Mullick.
... for the petitioners.
Mr. Amitabrata Roy
Mr. Bhaskar Prasad Banerjee.
... for the respondents.
Ms. Debjani Ray.
... for the respondent nos. 1 to 3.
The petitioner seeks refund of customs duty claimed to be arbitrarily collected.
Learned advocate for the petitioner submits that, there is a direction by the Hon'ble Supreme Court for payment. Despite the same, the authorities have not disbursed. In his usual fairness, the learned advocate for the petitioner submits that, the department has taken a stand that, there is a review petition in another matter and that there is another Special Leave Petition pending.
The department is represented.
It appears that, the issue as to whether or not the petitioner is entitled to get refund of the custom duty as directed by the Hon'ble Supreme Court, there is a review petition pending in another matter as also the Special Leave Petition. 2 In such circumstances, it would not be appropriate to pass any mandatory order of payment without allowing the respondents to file affidavits.
Let affidavit-in-opposition be filed within four weeks from date; reply, if any, be filed a week thereafter.
List the writ petition under the same heading six weeks hence.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
(Debangsu Basak, J.)