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2018 (1) TMI 178

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..... he petitioner is not entitled for the relief sought for, the respondent should say so by passing a speaking order - this Court is inclined to issue appropriate directions to the respondents, however, not inclined to issue any positive direction at this juncture. Writ Petition is disposed of, by directing the respondents to consider the petitioner's representation dated 22.11.2008 and pass a spe .....

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..... n the imported goods viz., edible oil is NIL. On coming to know of the same, the petitioner had made a representation on 22.11.2008 requesting to extend the benefit of Notification No.2/2007 and if the same is done, the petitioner would be entitled to refund of the amount of ₹ 6,34,708/-. This representation was sent through the counsel for the petitioner on 22.11.2008, which has been receiv .....

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..... ication which is akin to an application for refund is not sustainable. 5. In my view, such a stand has not been taken by the respondents pursuant to the petitioner's representation dated 22.11.2008. In fitness of things, the respondent should pass a speaking order on the request made by the petitioner or else the petitioner would be left without a remedy. If the petitioner is not entitled f .....

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