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2011 DIGILAW 2719 (MAD)

Diva Export Private Limited, Rep. By its authorised Signatory, Mres. Mahurkh M. Gomes v. Assistant Commissioner of Customs (Drawback)

2011-06-10

M.JAICHANDREN

body2011
JUDGMENT :- 1. This writ petition has been filed praying for a writ of Mandamus, directing the respondent to sanction the drawback claim filed in respect of six shipping bills bearing nos. 2428649, dated 24.08.2006, 2294802, dated 16.03.2006, 2428560, dated 24.08.2006, 2422482, dated 17.08.2006, 2337388, dated 09.05.2006 and 2352286, dated 26.05.2006 within a reasonable time frame. 2. Though it had been submitted by the learned counsel appearing on behalf of the respondent that an order, dated 28.03.2007, had been passed rejecting the request of the petitioner, no such order had been produced before this Court, inspite of sufficient time having been granted to the respondent. However, the learned counsel appearing on behalf of the respondent had submitted that the respondent shall decide the matter, afresh, on the petitioner producing the relevant documents, as requested by the respondent. 3. In such circumstances, the petitioner is permitted to produce the relevant documents, as requested by the respondent, within a period of four weeks from the date of receipt of a copy of this order. On receipt of such documents, the respondent shall consider the same and pass appropriate orders with regard to the request of the petitioner, in respect of the sanctioning of the drawback claims, within a period of eight weeks thereafter. The writ petition is ordered accordingly. No costs.