LALIT BHALCHAND RAVANI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard finally. Perused record and previous order sheets.

(2.) On l5-2-1989 the Petitioner had filed refund applications before the Customs authorities seeking refund of customs duty paid on the goods cleared by the Petitioner during the period from Aug., 1986 to Dec., 1986, by relying upon various decisions in the case of other importers. Even before the said refund application could be adjudicated upon by the Customs authorities, this petition was filed and while admitting the petition, this Court directed the Respondents to deposit the amount in Court with liberty to the Petitioner to withdraw the same on furnish 100% bank guarantee.

(3.) When the petition came up for final hearing after 12 years, Counsel for the Petitioner sought to withdraw the petition in the light of the Apex Court Judgment in the case of Mafatlal Industries Ltd. V/s. Union of India, 1997 89 ELT 247 and Porcelain Electrical Mfg. Co. v Collector of C. Ex., New Delhi, 1998 98 ELT 583, as the issues involved in the petition have been squarely answered by the Apex Court against the Petitioner. This petition for the reasons recorded in the above Judgments has got to be dismissed as withdrawn.