OMKAR EXPORTS Vs. UNION OF INDIA

JUDGEMENT

(1.) CONSIDERING scope of controversy the petition is taken up for final hearing and disposal. RULE. Learned counsel for the respondents is directed to waive service.

(2.) THE petitioner has preferred this petition praying for following reliefs:

(3.) THE facts, which are not in dispute, are that on 10. 08. 2001 officers of the Directorate General of Central Excise Intelligence, Vadodara visited premises of " (i) M/s. Gopi Synthetics, Ahmedabad; (ii) M/s. Omkar Exports (the petitioner herein) and (iii) M/s. Omkar Textile Limited for making certain inquiries. It appears that the said authority prima facie opined that the petitioner had made a wrong claim for duty drawback amounting to Rs. 25,57,386/ -. It is the say of the petitioner that a sum of Rs. 7,50,000/- was recovered by the officers of the said authority for the period between 18. 06. 2001 to 15. 09. 2001 towards such a claim of duty drawback. The case of the respondent authority is that it was the petitioner who had accepted having made a wrong claim and voluntarily deposited the amount of Rs. 7,50,000/ -.