UNION OF INDIA Vs. CHANDRALAL NALVANI

JUDGEMENT

(1.) This is an appeal preferred by Union of India to challenge legality of judgment dated February 2,1987 delivered by learned single Judge in Writ Petition No. 294 of 1987. By the impugned judgment the learned Judge directed Union of India to refund amount of Rs. 42,164.43 being the amount collected as countervailing/additional duty from the petitioners.

(2.) The learned Counsel for Union of India complained on the last occasion that Chandralal Nalvani, in whose name the petition was filed before the learned single Judge, had not declared or sworn the petition, nor has instructed Kantawala & Company to file the petition. It was claimed on behalf of Union of India that a bogus petition in the name of Chandralal Nalvani as the sole-proprietor of a proprietary firm, Climex Chemicals was filed and order was secured from the learned Judge. To ascertain the accuracy of the grievance, we directed Mr. Kantawala to keep his client present in Court and find out from him whether he had declared the petition. Mr. Kantawala now states that Chandralal Nalvani had instructed him to state that he had not declared the petition. It is therefore obvious that bogus petition was filed and order was snatched from the learned Judge by playing fraud upon the Court. The impugned order is therefore required to be set aside.

(3.) Accordingly, appeal is allowed and the judgment dated February 2,1987 delivered by learned single Judge in Writ Petition No. 294 of 1987 is set aside and the Writ Petition is dismissed. There will be no order as to costs.