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2016 (1) TMI 474 - HC - CustomsValidity of petition - whether there is before this Court, any petition filed by a person in existence and through a properly authorized person. - Fixation of brand rate of duty drawback - It has been enquired from the counsel for the petitioner that once it is the averment in the petition itself that M/s Bimla Industries has as far back as on 1st July, 2004 merged with M/s Maa Kalyani Kitchenwares Ltd. and thereby ceased to exist, how has this petition been filed in the name of M/s Bimla Industries and how can Mr. Ashok Kumar Kansal today purport to act as proprietor thereof. - Held that:- The answer to that question has to be in the negative. Neither does M/s Bimla Industries exist as on date on which the petition was filed nor can Mr. Ashok Kumar Kansal represent himself to be the proprietor thereof and sue in the name of M/s Bimla Industries. There is another aspect of the matter. As aforesaid, the claim pertains to more than 15 years back i.e. August, 1989 to September, 2001. The petitioner did not pursue the same. Though as per the recommendation dated 15th July, 2008 supra only the claims of those were to be considered who had filed writ petitions and which writ petitions were pending and M/s Bimla Industries was admittedly not covered thereby but the applications of M/s Bimla Industries appear to have been erroneously revived. The said erroneous revival was contrary to the policy decision / recommendation dated 15th July, 2008 and would not vest any right in the petitioner. No ground for entertaining the petition is made out. Dismissed.
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