1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION WRIT WRIT WRIT PETITION NO. 934 OF 2007 PETITION NO. 934 OF 2007 PETITION NO. 934 OF 2007 Neo-Pharma Neo-Pharma Neo-Pharma Pvt.Ltd Pvt.Ltd Pvt.Ltd ...... Petitioner Petitioner Petitioner vs vs vs Union Union Union of India & anr of India & anr of India & anr ...... Respondents Respondents Respondents Mr.Sanju Mr.Sanju Mr.Sanju Ahooja Ahooja Ahooja for Petitioner for Petitioner for Petitioner Ms.S.V.Bharucha Ms.S.V.Bharucha Ms.S.V.Bharucha for for for Respondents CORAM CORAM CORAM : Dr.S.Radhakrishnan : Dr.S.Radhakrishnan : Dr.S.Radhakrishnan and and and V.C.Daga, V.C.Daga, V.C.Daga, JJ JJ JJ DATED DATED DATED : : : 27th June, 2007 27th June, 2007 27th June, 2007 P.C. P.C. P.C. 1.1.1. Heard learned counsel for the petitioner and Heard learned counsel for the petitioner and Heard learned counsel for the petitioner and respondents. respondents. respondents. 2.2.2. By this petition, the petitioner is seeking By this petition, the petitioner is seeking By this petition, the petitioner is seeking refund refund refund based on an order passed by respondent no.2 based on an order passed by respondent no.2 based on an order passed by respondent no.2 dated dated dated 19th September, 1996. Learned counsel for 19th September, 1996. Learned counsel for 19th September, 1996. Learned counsel for the the the respondents pointed out to us that there is no respondents pointed out to us that there is no respondents pointed out to us that there is no such such such order order order passed by the respondent no. Today, the passed by the respondent no. Today, the passed by the respondent no. Today, the learned learned learned counsel for the petitioner is not able to counsel for the petitioner is not able to counsel for the petitioner is not able to controvert controvert controvert the the the same with any authentic record. The same with any authentic record. The same with any authentic record. The petitioner petitioner petitioner doesnot even have a xerox copy of the doesnot even have a xerox copy of the doesnot even have a xerox copy of the said said said order order order much less the original. Over and above, much less the original. Over and above, much less the original. Over and above, the the the present present present petition has been lodged on 11th April, petition has been lodged on 11th April, petition has been lodged on 11th April, 2007 2007 2007 with regard to a refund order dated 19th with regard to a refund order dated 19th with regard to a refund order dated 19th September, September, September, 1996. 1996. 1996. There is only one bald allegation There is only one bald allegation There is only one bald allegation that that that the petitioner had repeatedly requested for the petitioner had repeatedly requested for the petitioner had repeatedly requested for refund. refund. refund. However, learned counsel for the However, learned counsel for the However, learned counsel for the 2 petitioner petitioner petitioner fairly stated that there was no written fairly stated that there was no written fairly stated that there was no written request request request made for such a refund. Even with regard made for such a refund. Even with regard made for such a refund. Even with regard toto to oral request, there is no averment in the oral request, there is no averment in the oral request, there is no averment in the petition petition petition and no particulars are given. We are not and no particulars are given. We are not and no particulars are given. We are not convinced convinced convinced with the bonafides of the petitioner’s with the bonafides of the petitioner’s with the bonafides of the petitioner’s claim. claim. claim. The petition appears to be a clear case of The petition appears to be a clear case of The petition appears to be a clear case of abuse abuse abuse of of of judicial process aggravated by gross delay judicial process aggravated by gross delay judicial process aggravated by gross delay also. also. also. Under these circumstances, we dismiss the Under these circumstances, we dismiss the Under these circumstances, we dismiss the above above above petition with costs quantified at petition with costs quantified at petition with costs quantified at Rs.10,000/-. Rs.10,000/-. Rs.10,000/-. The amount of costs shall be paid to The amount of costs shall be paid to The amount of costs shall be paid to the the the respondents within two weeks from today. respondents within two weeks from today. respondents within two weeks from today. (V.C.Daga, (V.C.Daga, (V.C.Daga, J) J) J) (Dr.S.Radhakrishnan, (Dr.S.Radhakrishnan, (Dr.S.Radhakrishnan, J) J) J)