LAWS(CAL)-1997-3-38

AJANTA LEATHER FASHIONS LTD Vs. UNION OF INDIA

Decided On March 19, 1997
Ajanta Leather Fashions Ltd Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Through the medium of the present writ application, the petitioner seeks to enforce and implement a judgment passed by the Customs, Excise and Gold (Control) Appellate Tribunal, Eastern Bench, Calcutta. The petitioner's grievance is that despite the Tribunal having held in favour of the petitioner with regard to the particular levy of customs duty in a particular manner, the respondents are not giving the benefit of that judgment of the Tribunal, and on the contrary are creating problems for the petitioner.

(2.) After hearing the learned Advocates for the parties I am of the view that this is not a case where interference of this Court is called for. If the petitioner feels that the Tribunal has already delivered a judgment in his favour and that judgment is not being implemented or executed properly by the respondents, it is for the petitioner to approach the Tribunal for such orders and directions as the Tribunal feels appropriate to bind the respondents for implementing and enforcing its judgment. Without doing that petitioner has unnecessarily rushed to this Court. With the aforesaid observations, this petition is dismissed.

(3.) Let xerox certified copy of this order be given to the ld. Advocates for the parties as expeditiously as possible.