Calcutta High Court
Promising Exports Ltd & Anr vs Union Of India & Ors on 23 June, 2010
Author: Soumitra Pal
Bench: Soumitra Pal
WP No. 768 of 2010
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
PROMISING EXPORTS LTD & ANR Petitioner/Applicant
Versus
UNION OF INDIA & ORS Defendant/Respondent
For Plaintiff/Petitioner : MR.S.BANERJEE,ADVOCATE For Defendant/Respondent : MR.P.K.TARAFDER,ADVOCATE BEFORE:
The Hon'ble JUSTICE SOUMITRA PAL Date : 23rd June, 2010.
The Court : Affidavit-of-service filed in Court today be kept with the records.
In the writ petition the petitioner has prayed for a direction upon the respondent authorities particularly on the Development Commissioner, Falta Special Economic Zone, Kolkata, respondent no.2 to pass an order in respect of the supplementary duty draw back claim submitted on 3rd January, 2008. It is submitted by Mr.Tarafder, learned advocate appearing on behalf of the respondents that appropriate directions may be issued. 2
Having heard the learned advocates for the parties since it is submitted that duty draw back claim was submitted on 3rd January, 2008, considering the facts and circumstances of the case, the writ petition is disposed of by directing the respondent no.2 to dispose of the claim in accordance with law by passing a reasoned order after giving an opportunity of hearing to the petitioner no.2 or his authorized representative within a period of eight weeks from the date of communication of this order. I make it clear that before proceeding with the matter the respondent no.2 shall consider the point of limitation.
I also make it clear that I have not gone into the merits of the case and all points are left open to be dealt with by the respondent no.2.
Since the writ petition is disposed of at the stage of admission without calling upon the respondents to file affidavits, the allegations in the petition are deemed not to have been admitted by them.
No order as to costs.
All parties concerned are to act on a xerox signed copy of this order on the usual undertakings.
(SOUMITRA PAL, J.) ssaha AR(C.R.)