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M/S. BRITANNIA ENGINEERING COMPANY & ANOTHER versus GAS AUTHORITY OF INDIA & OTHERS

High Court of Judicature at Allahabad

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M/S. Britannia Engineering Company & Another v. Gas Authority Of India & Others - WRIT - C No. 17409 of 2007 [2007] RD-AH 5972 (3 April 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 29

Civil Misc. Writ Petition No. 17409 of 2007

M/s. Britannia Engineering Company and another Vs. Gas Authority of India Limited and others

~~~~~

Hon. Anjani Kumar, J.

Hon. Dilip Gupta, J.

Heard Sri Salil Kumar Rai, learned counsel for the petitioners and Sri Siddharth Singh, learned counsel appearing for respondent Nos. 1 and 2. Respondent No.3 is represented by Additional Solicitor General of India, Allahabad.

Learned counsel for the petitioners contended that earlier the National Chambers of Commerce, U.P. and another filed Writ Petition No. 41462 of 2006 which was disposed of by means of the judgment and order dated 3.8.2006 and even though the name of Agra Iron Founders Association, which is a Society registered under the provisions of the Societies Registration Act, was mentioned at Sl. No. 69 in the list of members contained in Annexure '3' to the writ petition and petitioner No.1 is an old member of  Agra Iron Founders Association, yet the benefit of the said judgment is not being given to the petitioner Company.

It has not been disputed by the learned counsel for the respondents that the aforesaid Writ Petition No. 41462 of 2006 had been filed by National Chambers of Commerce,  U.P. in which Agra Iron Founders Association was mentioned in Annexure '3' to the writ petition which contained the names of 131 members and that the present petitioner Company is also a member of  Agra Iron Founders Association. The petitioners are, therefore, entitled to the same benefits as contained in the judgment and order dated 3.8.2006 passed in Writ Petition No. 41462 of 2006.

We, therefore, direct the petitioners to file a comprehensive representation, if so advised, along with certified copy of this order and certified copy of the writ petition (including all Annexures) within four weeks before the concerned competent authority in Central Government of India and if such a representation is filed,  the same shall be decided by the concerned authority after hearing the parties exercising unfettered discretion on the basis of record and in accordance with law and pass a reasoned order taking into account the pleas raised and pressed before it.

Considering the facts of the case that two Debit Notes have been issued in 2005, we direct that the respondents shall not enforce the Debit Notes till the said representation is decided by the Central Government.

Writ petition is finally disposed of subject to above directions without entering into merits of the case.

No order as to costs.

Dt/- 3.4.2007

Sharma


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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