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2023 Supreme(Guj) 918

VIPUL M. PANCHOLI, DEVAN M. DESAI
Panji Engineering Private Limited – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Hardik P. Modh.
For the Respondents: Utkarsh R. Sharma, Priyank P. Lodha.

JUDGMENT :

DEVAN M. DESAI, J.

1. By way of this petition filed under Article 226 of the Constitution India, the petitioner has prayed for the following reliefs:

    “12...(A) That this Hon’ble Court be pleased to issue a writ of Mandamus, or a Writ in the nature of Mandamus, or any other appropriate Order or direction for calling upon the refund application of the petitioner and after going through the same, Respondent No. 3 may be ordered to sanction the refund claim of the Petitioner in terms of the provisions of law.

(B) That this Hon’ble Court be pleased to issue a Writ of Mandamus, or a Writ in the nature of Mandamus, or any other appropriate Order or direction directing the Respondents, their servants, agents or representatives to adjudicate the refund Application of IGST paid on export of the goods along with duty drawback without any further delay and remove the tagging of “Red flag” against the Petitioner.

(C) That pending Notice, admission and disposing of this petition, this Hon’ble Court may be pleased to direct the Respondents, their sub-ordinates, agents or their representatives:

(i) to forthwith sanction the refund claim of the Petitioner with such terms and conditions as deem

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