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1991 Supreme(SC) 464

KULDIP SINGH, RANGANATH MISRA
Oil And Natural Gas Commission – Appellant
Versus
Collector Of Central Excise – Respondent


Advocates:
B.DUTTA, R.K.Joshi, SUSHIL JAIN

(1) THESE are applications for restoration of civil nos. 2058-59 of 1988 which on 3/02/1989 were permitted to be withdrawn at the request of the appellants.

(2) THE withdrawal was on the basis of the instructions issued by the Ministry of Petroleum and Natural Gas vide their letter dated 3/10/1988. Later on 28/09/1989 the Chairman of the ONGC was intimated to the following effect:

"PLEASE refer to our DO letter No. DBC/Acctts/l 11/9/87 dated 24/06/1989 regarding excise duty on lean gas supplied to consumers ex-Uran. The suggestion made by you has been examined and in view of the fact that the CBEC is not prepared to withdraw the demand and refer the matter to arbitration, ONGC may approach the Supreme court for appropriate relief."

On the basis of the later instructions, these applications are said to have been filed.

(3) THIS court has on more than one occasion pointed out that Public Sector Undertakings of central government and the Union of India should not fight their litigations in court by spending money on fees of counsel, court fees, procedural expenses and wasting public time. courts are maintained for appropriate litigations. courts time is not


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