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2009 Supreme(Mad) 3736

R.SUBBIAH, ELIPE DHARMA RAO
ITC Ltd. Rep. by its Vice President (Commercial) B. V. S. Jogarao, Divisional Headquarters, Secunderabad & Another – Appellant
Versus
Union of India, rep. by its Secretary, Ministry of Finance, New Delhi, & Others – Respondent


Advocates appeared:
For the Petitioners:Habibullah Badsha, S.C. for R. Raghavan, R1, to R4, V.J. Mathew, Advocates. For the Respondents:R2, to R5, M. Ravindran, Addl. Solicitor General of India, Assisted by R1, to R2, K. Ravichandra Babu, R3, to R5, K. Srinivasan, Advocates, R4, to R6, A.W.D. Tilak, Silambanan, S.C. for R7, Silambanan Associates, R7, R. Muthukumaraswamy, S.C. for R8, G.R. Swaminathan, R3, R. Ramanlal, Advocates.

Judgment :-

Elipe Dharma Rao, J.

In all these matters, the petitioners seek to review the common order passed by us on 211. 2008 in Writ Appeal (MD)No.721 of 2007, Writ Petition (MD) No.5989 of 2008 and Writ Petition (MD)No.5994 of 2008, while sitting at the Madurai Bench of this Court. Though all these matters are originally filed before the Madurai Bench of this Court, for the sake of convenience, they are ordered to be posted at the Principal Seat, before this Bench, which has passed the orders in the writ appeal and writ petitions. In this way, these matters are posted before us and since all the matters are interconnected with each other, common arguments were advanced and are being disposed of by this common order.

2. For the sake of convenience and easy reference, the parties are referred to as per their ranking in Review Application (MD) No.86 of 2008.

.3. A brief background of the cases on hand is that the petitioner/ITC Limited has placed an order with the seventh respondent/Evergreen Specialties Inc. for supply of mixed waste papers single stream on 8. 2005. The petitioner has filed two Bills of Entry bearing Nos.371549, dated 19. 2005 and 372089, dated 20.9.2005 throug


























































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