GUNWANT LAL GODAWAT Vs. UNION OF INDIA

JUDGEMENT

(1.) WE have heard the learned counsel for the parties.

(2.) THROUGH this writ petition, the petitioner seeks mandamous against the respondents to quash the communication dated 2. 6. 2005 (Annexure 16) and to direct the respondents to pay the petitioner interest at the rate of 18 per cent on the money equivalent to the value of 85 bars of silver from 14. 8. 1997 till 18. 1. 2005. The market value of silver bars weighing 2910. 550 Kgs as on 14. 8. 1997 is stated to be Rs. 2,13,77,990/- at the rate of Rs. 7345/- per kg.

(3.) HOWEVER, Revenue had preferred an application under Section 130 of the Customs Act for making reference to this Court about the finding reached by the Tribunal for challenging the same. The Reference Application was rejected on 17. 1. 98, which led to filing an application under Section 130 of the Customs Act 1962 before this Court which was registered as Commissioner of Central Excise vs. Gunwant Lal D. B. Tax Reference Application No. 21/2003. Due to persuit of said proceedings the silver bars had not been returned to the petitioner.