IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 9593 of 1999 For Approval and Signature: Hon'ble MR.JUSTICE B.C.PATEL and MR.JUSTICE D.H.WAGHELA ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? : NO -------------------------------------------------------------- HEMANT PLASTICS & CHEMICALS LTD Versus UNION OF INDIA -------------------------------------------------------------- Appearance: M/S TRIVEDI & GUPTA for Petitioners MR AKSHAY H MEHTA for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE B.C.PATEL and MR.JUSTICE D.H.WAGHELA Date of decision: 28/01/2000 ORAL JUDGEMENT Per: B.C. Patel,J :- Rule. Ld. advocate Mr. Mehta for the Respondents waives service of rule. At the request of Ld. advocates, matter is taken up for final hearing today. Both the parties are relying on the decision of the Supreme Court in case of Union of India Vs. J.G. Glass Industries Limited, reported in 1998 (97) E.L.T. 5 (S.C.). When the prima facie case is made out, the Commissioner of Appeals ought to have exercised the discretion in favour of the petitioner. Mr. Mehta could not point out that there is no prima facie case in favour of the petitioner. Under the circumstances, we direct the Commissioner to dispose of the appeal within a period of eight weeks from today, without insistence for pre-deposit and penalty. Petition stands disposed. Rule made absolute. No cost. --------- /vgn