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High Court of DelhiW.P.(C)/11287/2015

Benq India Pvt. Ltd v. Union Of India, & ORS.

2016-03-29Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 8.

+ W.P.(C) 11287/2015 BENQ INDIA PVT. LTD ..... Petitioner Through: Mr Sadapurna Mukherjee, Advocate.

versus UNION OF INDIA & ORS.

..... Respondents Through: Ms Monika Arora, CGSC with Mr Harsh Ahuja, Advocate for Respondent No.1/UOI.

Mr Kamal Nijhawan, Senior Standing Counsel with Mr Sumti Gaur, Advocate for Respondent Nos.2 to 6.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE VIBHU BAKHRU

O R D E R

% 29.03.2016

1. It is not in dispute that the present matter stands covered in favour of the Petitioner by the order dated 26th February, 2016 in W.P.(C) 524/2016 (Micromax Informatics Ltd. v. Union of India) which in turn follows the decision of this Court in Aman Medical Products Limited v. Commissioner of Customs, Delhi 2010 (250) ELT 30 (Del).

2. Further, the Court is informed that pursuant to the order dated 4th December 2014, the Petitioner on 9th December 2015 filed a fresh application seeking refund.

W.P.(C) 11287/2015 Page 1 of 2

3. The Petitioner will now appear before the Assistant Commissioner (Refund) on 4th April, 2016 and after affording hearing to the Petitioner, the Assistant Commissioner (Refund) will pass a fresh order on the Petitioner's refund application within a period of two months, thereafter.

4. The writ petition is disposed of in the above terms.

5. Order dasti under the signature of the Court Master. S.MURALIDHAR, J VIBHU BAKHRU, J MARCH 29, 2016 MK W.P.(C) 11287/2015 Page 2 of 2