R K TEXCON Vs. UNION OF INDIA

JUDGEMENT

(1.) Learned counsel for the respondents in D.B. Civil Writ Petition No. 1575/99 has moved an application for modification of the order passed by this Court on 16-11-2000 by deleting the condition for deciding the representation, that may be filed by the petitioner in the writ petition, within 6 months from the date of filing of the representation.

(2.) The ground raised by the applicants for deleting the said direction is that CEGAT, New Delhi has taken a particular view that gallery attached to a stenter is equipment within the meaning of Rules of 1998 and in the case of M/s. Sangam Processors , it was held that a gallery which is having no rails, fan or radiator attached to it cannot be considered an equipment under the Rules and those matters have been appealed against before the Supreme Court. However, we are of the opinion that merely because in different cases appeals are pending before the Supreme Court, it cannot result in not deciding the matters which are pending before the tribunal or other authorities in accordance with law and the modification at this stage, in our opinion, is not permissible. It may be noticed that respondents are seeking to keep direction to decide the representation in abeyance. It is also stated that said order of the High Court by which writ petition was disposed off, has not been challenged.

(3.) Accordingly, the application is rejected. However, the period for deciding the representation made before the respondents is extended until 31st March, 2002.