MUKUL MUDGAL,J. - (1.) THIS is an application seeking restoration of the writ petition with the following prayers :- "In the premises it is most respectfully prayed that this Hon ble Court may be pleased to- a) Recall the order dated 10.11.2008 and restore the Writ Petition to its original number; b) Pass such order or orders as this Hon ble Court may deem just and proper in the facts and circumstances of the case.
(2.) FOR the reasons mentioned in the said application which state that the default occurred due to a wrong noting of the date by the learned counsel for the petitioner seeking restoration of the writ petition, the application is allowed and the writ petition is restored to its original number and position. With the consent of the learned counsel appearing for the parties, the writ petition is taken up for final hearing.
(3.) THE writ petition has been filed by M/s. Shri Ram Refrigeration Industries Ltd. against the respondents, Union of India; Technology Development Board and the Reserve Bank of India with the following prayers :- "(a) issue a writ or certiorari/prohibition or any other appropriate writ order or direction under Article 226/227 of the Constitution of India quashing and nullifying the levy and prohibiting realization of Research and Development Cess on royalty payment made to TECUMSEH PRODUCTS COMPANY, a Michigan Corporation of TECUMSEH, United States of America, under the Agreement. (b) issue a writ, order or direction particularly in the nature of mandamus directing Respondents to allow remittance of all subsequent instalments against the agreed royalty to TECUMSEH without the petitioner being subjected to pay Research and Development Cess at the rate of 5% as has been done in the past; (c) issue a writ, order of direction particularly in the nature of mandamus directing the Respondents to refund to the petitioner such amounts as have already been paid as and towards Research and Development Cess on remittances made to TECUMSEH together with interest at such rate as this hon ble court may deem fit and proper; (d) award cost of this petition in favour of the petitioner and against the respondents. ;