TMI Blog2017 (2) TMI 931X X X X Extracts X X X X X X X X Extracts X X X X ..... orm of invalidation letter, there was a communication copy of which is at Annexure-A to the Writ Petition and that the Policy Interpretation Committee issued the clarification later namely, on 4th December, 2012 - they will pass a fresh speaking order after hearing the writ petitioner / their representative and pass an order uninfluenced by any of the statements made in their affidavit in reply and the communications relied upon - Petition disposed of. - Writ Petition No. 10232 of 2015 - - - Dated:- 6-2-2017 - S. C. Dharmadhikari And B. P. Colabawalla, JJ. Mr. Prakash Shah a/w Mr. Prasad Paranjape, Mr. Jas Sanghavi i/b PDS Legal,for the Petitioner Mr. Pradeep S. Jetly i/b Mr. Vinod Joshi, Mr. S. Sasikumar, Joint Director Gener ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rant to the Petitioner the deemed export benefit in respect of goods supplied to the holders of EPCG authorization under deemed export and to forthwith grant and refund the terminal excise duty and duty drawback pursuant to certain applications made in that behalf together with interest. 3 The claim of the Petitioner before us is that it is a company carrying on business inter alia of manufacture and export of various types of Rock / Earth Drilling Machinery/ Tools and Taps of High Speed Steel. Respondent Nos.1 and 2 to 5 are the Union of India and functionaries under the Foreign Trade (Development and Regulation) Act, 1992. During the course of its business, the Petitioner supplies the goods namely DTH Buttons Bits and Integral Drill St ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Petitioner was informed that the matter is referred to the Head Quarter and final outcome will be intimated on receipt of the decision of the Head Quarter. That is how the writ Petitioner addressed letters and references of such letters are to be found in paragraphs 15,16,17 and 18 of the Writ Petition. 5 The Petitioner then points out that there was a meeting of the Policy Interpretation Committee and which purported to interpret the relevant Foreign Trade Policy. Relying upon that the claims have been apparently rejected. However, the Petitioner also pointed out that once the invalidation letters are valid and subsisting so also binding, then, the Deputy Director General of Foreign Trade, New Delhi, relying upon the clarifications of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of dictation of judgment, we indicated to both sides as to why the competent authority, namely, Director General / Joint Direct General of Foreign Trade cannot hear the Petitioner on their application for refund and despite some stand taken and noted during the course of arguments by the Respondents, the matter be considered denovo and afresh. 9 Mr. Jetly sought time in the morning session to take instructions but has now informed this Court that the Respondents are not averse to hearing the Petitioner again and passing a fresh order containing reasons for their conclusion. 10 In view of the statement made by Mr. Jetly on instructions, we proceed on the footing that the Petitioner's application seeking the refund as noted above w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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