LANVIN SYNTHETICS PVT. LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) We have heard Mr. Shroff learned senior counsel on behalf of the Petitioner and Mr. Jetley learned counsel appearing on behalf of the respondents.

(2.) The grievance in this writ petition is that a notice to show cause dated 13th March 1997 was served on the petitioner alleging that the petitioner No. 1 was issued a conditional advance licence. The compliance was to be made with the condition that the petitioners would export polythene/viscose blended fabric. The allegations were that there is a collusion between the 2nd petitioner and a third party by which incorrect/manipulated/false information regarding quantities/weight/composition of the exported goods was provided to show compliance of the terms and conditions of the licence. That is how a waiver was obtained of the condition to furnish a bond in favour of the Government of India and towards the duty liability. Be that as it may, the show cause cum-demand notice in 1997 demanded Rs. 2,83,59,851/- and upon adjustment of Rs. 2,07,57,074/- already deposited.

(3.) The petitioners claim that from April 1997 to January, 2000 and thereafter from 2007 several letters were addressed requesting the authorities to proceed with the matter or to drop the proceedings and retain the money.