LAWS(MAD)-1979-9-5

SAKTHI SUGARS LIMITED COIMBATORE Vs. UNION OF INDIA

Decided On September 28, 1979
SAKTHI SUGARS LIMITED Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THESE writ petitions have been filed by some manufacturers of sugar under Art. 226 of the Constitution of India. W.P. No. 436 of 1977 has been filed by Messrs Sakthi Sugars Ltd, Coimbatore, for the issue of a writ of certiorified Mandamus calling for the records of the second respondent, the Superintendent of Central Excise, Bhovani, relating to his order dated 8-6-1976 in O.C. No. 2124 of 1976 in relation to the grant of excise duty rebate under the Government of India's notification dated 12-10-1974, for the sugar year 1974-75, and quashing that order and directing the second respondent and the first respondent, the Union of India, represented by the Collector of Central Excise, Madras, to give credit to a sum of Rs . 20, 64, 531.23 in the petitioner's account P.L.A. No. 29 (Sugar).

(2.) W.P. No. 550 of 1977 is by Messrs Aruna Sugars Ltd, Pennadar, South Arcot district, for the issue of a writ of Mandamus or any other appropriate writ or order calling for the records relating to the application of the petitioners dated 20-3-1976 to the second respondent, the Assistant Collector of Central Excise, Pondicherry, relating to excise duty rebate of Rs. 11, 10, 828, granted under the Government of India's Notification dated 12-10-1974, for the sugar year 1974-75 and directing the second respondent to give credit for the said sum of Rs. 11, 10, 828, in the petitioners account P.L.A. (Sugar).

(3.) W.P. No. 2467 of 1977 is by M/s. E.I.D. Parry (India) Limited, for the issue of a certiorified mandamus calling for the records of the respondents relating to the order of the second respondent, the Assistant Collector of Central Excise, Pondicherry, dated 28-5-1977 in C. No. V/1/18/29/75 M.P. II regarding the grant of excise duty rebate under the Government of India's notification dated 12-10-1974 for the sugar year 1974-75 and quashing that order and directing the second respondent and the first respondent, the Union of India represented by the Collector of Central Excise, Madras, to give credit in the petitioners account P.L.A (Sugar) for an additional sum of Rs. 13, 96, 968.81.