SPIE CAPAG Vs. UNION OF INDIA

JUDGEMENT

(1.) LEAVE granted. After pendency of the writ petition for twenty years the High Court has held that since the writ petition was filed against show cause notice the parties ought to have gone through the process of adjudication and since that was not done the petition stood dismissed. In the present case we are concerned with project import. Appellant contends the case is covered by the judgment of this Court in the case of union of India v. Tovo Engineering Ltd. 2006 (7) SCC 592. Learned counsel for the Department contends before us that some of the equipments in the project were not prime movers.

(2.) SUFFICE it to state that the High Court should not have dismissed the writ petition after twenty years without examining the allegations in the show cause notice and without considering the judgment of this Court in the case of Tovo Engineering Ltd. (supra ).