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TMI Blog2017 (11) TMI 1534X X X X Extracts X X X X X X X X Extracts X X X X ..... r. Pradeep S. Jetly for the Respondents ORDER P. C. 1. The present Notice of Motion is taken out in April 2013 seeking implementation of the following direction issued by the Division Bench of this Court under the Order dated 5th February, 2010: "The Respondents are, therefore, directed to refund duty drawback for the period from 1st June, 1989 to 31st May, 1990." 2. This Order was challeng ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... say that the Petitioners replied that the same are unavailable with them. I say that the department is therefore unable to examine and process the claim for drawback." 3. Shri Phalake has conveniently not referred to the order dated 5th February, 2010 which was passed in Review Petition No. 3 of 2010 after hearing the respondents. When the review petition was heard on 5th February, 2010 there wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s with paragraph 19 in which there is a specific reliance placed on details given in Exhibit W. The contents of ExhibitW have not been disputed in the said reply. 6. It is not case made out by the respondents that in terms of the order dated 5th February, 2010 refund of duty drawback has been issued. 7. Thus, the respondents cannot refuse to comply with the order dated 5th February, 2010 which h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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