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1992 (3) TMI 174

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..... anahalli, Central Government Standing Counsel, for the Accused. [Order per : S.P. Bharucha, C.J.]. - The complainant alleges that the respondent has committed contempt of the order of the learned Single Judge dated 23rd November 1990, whereby the respondent was directed to reconsider the complainant's refund claim in the light of a certain order made by CEGAT and make an order thereon within fo .....

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..... the original demand for Rs. 1,15,70,798.51 made in the show cause notice dated 30-12-1985." 2. In our view, the complainant must challenge in appropriate proceedings the orders of 12th and 17th February 1992. However, we do find that the respondent has not obeyed the order of the learned Single Judge in that (i) he has not made an order on the refund applications; and (ii) he has not done so with .....

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..... on of the order, it is obliged to apply to the Court in that behalf. In fact, we are told that at some point of time, the respondent had made such an application to Court but, for some unexplained reason, it did not reach hearing and no order was made thereon. The complainant says he has no know ledge of such application. The respondent must, therefore, be held to be in breach of the learned Judge .....

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