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2014 (9) TMI 380 - HC - CustomsDeemed Export Benefits (DEB) - Bill of Entry in the name of the project authority - challenge is also to certain notifications and circulars of the Foreign Trade Policy on the basis of interpretation whereof the DEB was denied to the petitioner - Held that:- The present is clearly a case of the petitioner having indulged in fence sitting. The petitioner clearly chose not to pursue its own claim and was satisfied with the rejection of its request. The petitioner, in our opinion, cannot be permitted to revive such a claim which it had given up and / or which had become stale merely because some other who was not satisfied with a similar rejection of its claim having challenged the same and the said challenge having succeeded. The matter in fact is not res integra. - money claim, suit for which has become barred by time / limitation, cannot be allowed in writ jurisdiction. - writ petition dismissed - decided against the assessee.
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