UNION OF INDIA Vs. AGARWALA AND CO

JUDGEMENT

(1.) THIS mandamus appeal is at the instance of the Union of India and is directed against the order dated December 20, 2006 passed by a learned Single Judge of this Court by which His Lordship allowed the writ application filed by the private respondent before us, by quashing the demand of the appellants dated October 29, 1991 being Annexure 'e' to the writ application and the communications being Annexures 'e-1', 'e-2' and 'e-3' with further direction upon the appellants to refund the security deposit of the private respondent within six weeks from the date of communication of the order. The appellants were further directed to refund the sale proceeds of the off-loaded goods in question to the writ petitioners within six weeks from the date of communication of the order.

(2.) THE private-respondent before us filed a writ application thereby praying for the following relief:

(3.) THE case made out by the writ petitioners may be summed up thus: