SESA STERLITE LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) The prayer in the Writ Petition is for a Writ of Mandamus to direct the Member (Central Excise), Central Board of Excise and Customs, North Block, New Delhi-110001, the second respondent herein to pass orders on the representation of the Petitioner dated 26-7-2012 and also on the letter sent by the Chief Commissioner of Central Excise, Coimbatore, dated 25-7-2012 clarifying the applicability/non-applicability of exemption in terms of Sr. No. 195 of Notification No. 12/2012-C.E., dated 17-3-2012 for anode slime arising during the course of manufacture of articles falling under Ch. 74 within the time frame fixed by this Court. Mr. R. Aravindan, learned counsel takes notice for the respondents and by consent of both parties, the writ petition itself is taken up for final disposal.

(2.) The learned counsel appearing on behalf of the petitioner submitted that it would be suffice if the representation of the petitioner is disposed of, on merits and in accordance with law, within a time frame to be fixed by this Court.

(3.) In view of the limited scope of the prayer, without expressing any opinion on the merits of the issue involved, the second respondent is directed to consider the representation of the petitioner dated 26-7-2012, and pass appropriate orders on merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order, after affording the Petitioner an opportunity of being heard. If on a specified date the Petitioner does not appear for personal hearing, orders may be passed on merits based on the available records after recording the absence of the party/Parties. With the above direction, this Writ Petition stands disposed of. No costs.