BHARAT VIJAY MILLS LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER No. 1 is a mill company and petitioner No. 2 is a shareholder thereof, petitioner mill company is engaged in the business of manufacture and sale of cotton and blended fabrics. The petitioner exported certain articles manufactured by it. According to the petitioner, the petitioner mill company was entitled to receive draw back commensurate with the amount of excise duty paid by it in accordance with the Customs and Central Excise Duties (Draw Back) Rules, 1971. The application of the petitioner for fixation of brand-rate had been rejected vide order anncxure-K dated October 3, 1988 passed by the Government of India. It is this order which is under challenge in this petition.

(2.) . Today when the petition came up for hearing, learned counsel for the petitioner submitted that the petitioner is desirous to make representation to the appropriate authority of the Government for fixation of the brand-rate and for relaxation of the provisions of Rule 6 of the aofrcsaid rules. Therefore he seeks permission to withdraw the petition. He further requests that the authority concerned may be directed to decide the representation that may be made by the petitioner within a specified time limit. Having regard to the facts of the case and in view of the aforesaid sumission. It is directed that if the petitioner makes representation to the facts of the case and in view of the aforesaid sumission, it is directed that if the petitioner makes representation to the appropriate authority of the Government of India on or before January 9, 1995, the concerned authority will decide the same preferably within a period of two months from the date of receipt of the same. Subject to the aforesaid observations and directions the petition stands disposed of as withdrawn. Rule discharged.