2012 (4) TMI 482 - HC - Central Excise

Rebate claims - Petition filed for directing respondents to dispose of the various rebate claims filed by applicant - Held that - Respondent is directed to dispose off rebate claim filed by applicant on 16.08.2011, 17.08.2011, 04.11.2011, 07.12.2011, 08.12.2011 and 23.01.2012 on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. No opinion is expressed on merits of the matter.

Summary

Issues:
Petitioner seeking relief for disposal of rebate claims by second respondent.

Analysis:
The petitioner requested a larger relief, but their counsel agreed that directing the second respondent to dispose of the rebate claims filed on specific dates would be sufficient. The learned Senior Central Government Standing Counsel representing the respondents did not object to this arrangement. Consequently, the court ordered the second respondent to process the rebate claims within six weeks from the date of receiving the order. The petitioner was instructed to provide the second respondent with copies of the rebate claims and the court's order. Importantly, the court clarified that its order did not indicate any opinion on the merits of the case.

Conclusion:
The High Court of Madras, presided over by Mr. Justice M. Jaichandren, addressed the petitioner's plea for the disposal of rebate claims by the second respondent. The court, after considering the submissions from both parties, directed the second respondent to handle the rebate claims within a specified period and in accordance with the law. The writ petition was disposed of with the given directions, emphasizing that no costs were to be incurred. The connected M.P.No.1 of 2012 was also closed as part of the judgment.