LALIT BHAICHAND RAVANI Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this motion, the petitioner requests that respondents Nos. 2 and 3 be committed to civil jail and fine be imposed for wilfully disobeying the order dated July 23, 1990 passed by one of us (Pendse, J. ). To appreciate the grievance of the petitioner, it is necessary to set out few facts.

(2.) ON July 23, 1990, Write Petition No. 2101 of 1990 was disposed of and the relevant portion of the order reads as under :

(3.) ON August 7, 1990, the petitioner addressed letter to the Assistant Collector enclosing certified copy of the order passed by this Court. The letter further recites that original two triplicate copies of the bills of entries and customs attested invoices are already submitted along with the refund application on May 7, 1990. Along with the letter, two form-A duly signed by the department were also enclosed. The Assistant Collector was requested to implement the order of the Court and make the refund. The letter received no response whatsoever. The petitioner then addressed another letter dated October 26, 1990 reiterating what was stated in the earlier letter and informing the Assistant Collector that in case the order of the High Court is not carried out, then the proceedings would be adopted under the Contempt of Courts Act. This letter also did not make any effect on the Assistant Collector of Customs. Ultimately on November 13, 1990, the petitioner took out the present motion seeking that action should be taken against the Assistant Collector and the Collector for not obeying the orders of this Court. The respondent No. 3 joined to the motion is K. B. Khetrapal who was Assistant collector of Customs (Refund Department) at the relevant time.