2006 (11) TMI 74

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..... he petition can be disposed of at the stage of admission itself, as far as respondent no. 2 is concerned being a formal party he need not be served for the purpose of disposing of this petition. 2. The subject matter of the petition pertains to the rejection of the application filed by the petitioners seeking condonation of delay in filing application for fixation of Brand Rate of duty drawback u .....

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..... s have applied under Section 75 and that the competent authority has powers to condone the delay. It is submitted that rejecting the application of the petitioners for condonation of delay without giving them an opportunity of hearing and further by passing a non-speaking order, has occasioned in causing injustice to the petitioners and, therefore, the impugned Order deserves to be quashed and set .....

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..... rit of mandamus or any other writ or direction or order to hear and decide such request afresh after granting a personal hearing". 6. We will highly appreciate if the competent authority disposes of the application for condonation of delay within a period of three months from the date of receipt of the certified copy of our order. 7. The petition stands disposed of accordingly.
Case laws, D .....

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