UNION OF INDIA Vs. PANKAJ OIL CAKE INDUSTRIES

JUDGEMENT

(1.) These proceedings for refund of a huge amount of nearly 50 lakhs of rupees make curious and sorry reading.

(2.) First Appeal No. 236/84 by the original defendant-Union of India is against an ex-parte judgment and decree dt. 21/09/1983 passed by Shri H. M. Prajapati 2 Joint Civil Judge Senior Division Jamnagar in Special Civil Suit No. 57 of 1983. The ex-parte decree directed refund of Rs. 47 30 999.76 ps. (Rs. 35 74 937.5 export duty & agricultural cess and Rs. 41 62.26 ps. draw back charges and Rs. 11 15 0 interest) together with future interest at the rate of 10% from date of suit till realisation.

(3.) Appeal from Order No. 114 of 1984 by the original defendant-Union of India is against an order rejecting Civil Misc. Application No. 161 of 1983 to set aside the aforesaid ex-parte decree. That order dt. 10/01/1984 was also passed by the same learned Civil Judge Shri H. M. Prajapati.