M/S. T D A Autoworks Pvt. Ltd. v. Union Of India And ANR.

rpa 1/2 wp-13912-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13912 OF 2016 M/s.TDA Autoworks Pvt. Ltd.

.. Petitioner V/s.

Union of India & Anr.

.. Respondents ......

Mr.R.K. Tomar, Advocate for the Petitioner.

Ms.Cardozo, Advocate for Respondents.

......

CORAM : S.C. DHARMADHIKARI AND PRAKASH D. NAIK, JJ.

DATED :

MARCH 19, 2018.

P.C. :

In this petition the records have been produced before us after the earlier order dated 5th March, 2018. On perusal of the records, we are satisfied that save and except Shipping Bill No.5418404 dated 22nd January, 2016, which has been kept on hold, the drawback amount has been disbursed pertaining to 20 Shipping Bills, as per the list submitted by the exporter at Exhibit-D.

rpa 2/2 wp-13912-16.doc In the circumstances, we direct that, in respect of this Shipping Bill, the order of adjudication be passed as expeditiously as possible, as a show-cause notice has already been issued, and, in any event before 30th April, 2018.

Writ Petition is disposed of with these directions and it would be open for the petitioner to file fresh proceedings in the event any drawbacks have been withheld by the Commissioner of Customs, JNPT. We clarify that we have not expressed any opinion, so far as the merits of the rival contentions. They are kept open.

(PRAKASH D. NAIK, J.) (S.C. DHARMADHIKARI, J.)