Calcutta High CourtWPA/5626/2020disposed

Trident Iron & Steel Pvt Ltd & ANR v. Union Of India & ORS

2023-01-11Hon'Ble Justice Md. Nizamuddin2 pages

WPA 5626 OF 2020 + CAN 1 of 2020 (Old No. CAN 3425 of 2020) + CAN 2 of 2020 11.01.2023 Sl no. 30 Trident Iron & Steel Pvt. Ltd. & Anr.

Ct no. 2 - Vs - P.M.

Union of India & Ors.

Ms. Priyanka Sharma ... for the petitioners Mr. Sovan Mukherjee ... for Union of India Mr. K. K. Maiti, Mr. Tapan Bhanja, Ms. Aishwarya Rajyashree .... For the Customs Authorities.

Heard learned advocates appearing for the parties.

By this writ petition petitioners have made prayer for refund of Duty Drawback for the period January, 2020 to March, 2021 along with interest. During pendency of this writ petition certain development has been taken place as appears from the supplementary affidavit affirmed on 3rd August, 2021 by the petitioners and in paragraph 7 of the said supplementary affidavit petitioners itself has admitted that the aforesaid refund has already been made to the petitioners. So far as the claim of interest on the delay in refunding the Duty Drawback for the relevant period is concerned, it appears from

the said supplementary affidavit at page 56 being annexure P/28 of the said supplementary affidavit that petitioners have made representation on 21st July, 2021.

Considering the facts and circumstances of this case and submission of the parties and particularly taking into consideration the aforesaid supplementary affidavit, this writ petition being WPA 5626 of 2020 is disposed of by directing the respondent authority concerned to consider and dispose of the aforesaid representation dated 21st July, 2021 made by the petitioners for the claim of interest in question, in accordance with law and by passing a reasoned and speaking order after giving opportunity of hearing to the petitioners or its authorized representatives, within a period of eight weeks from the date of communication of this order. With this observation and direction this writ petition being WPA 5626 of 2020 along with connected application being CAN 1 of 2020 and CAN 2 of 2020 are disposed of.

(Md. Nizamuddin, J.)