IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5979 OF 2007 WRIT PETITION NO.5979 OF 2007 WRIT PETITION NO.5979 OF 2007 Puneet Resins Ltd. ..Petitioner. V/s. The Union of India & Ors. ..Respondents. Mr.Jitu Motwani i/b. PDS Legal for petitioner. Mr.P.S. Jetly with A.S.Rao for respondents. CORAM : F.I.REBELLO AND CORAM : F.I.REBELLO AND CORAM : F.I.REBELLO AND J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. DATED : 22ND AUGUST, 2007. DATED : 22ND AUGUST, 2007. DATED : 22ND AUGUST, 2007. P.C. :- P.C. :- P.C. :- Rule. Heard forthwith. 2. It is the case of the petitioner that pursuant to the order of the Tribunal,the Government of India by Notification dated 31st January, 2007 has raised the anti dumping duty at the rate of US dollars 38.73 per MT. It is further case of the petitioner that they had filed 6 bills of entry for 6 consignments between 6/10/2006 and 11/10/2006 and had made payments of the anti dumping duty as demanded under protest. Subsequent to the notification of 31st January, 2007 they had made applications for refund by communication dated 9th May, 2007. Two refund application claims, have been disposed of by orders dated 11th June, 2007 - = : 2 : = - and 4th July, 2007 on the ground that the period of 6 months has expired. It is submitted that these orders were passed without giving the petitioner any opportunity of hearing. 3. Considering that the orders rejecting the application for refund was in clear violation of law, the respondents are bound to give a hearing to the petitioner before the said order came to be passed. In the light of that the impugned orders dated 11th June,2007 and 4th July, 2007 are quashed and set aside. 4. The matter is remanded back to the respondent No.4 for hearing afresh after giving the petitioner an opportunity and thereafter to pass appropriate order in accordance with law. 5. Rule made absolute with no order as to costs. (F.I.REBELL0, J.) (F.I.REBELL0, J.) (F.I.REBELL0, J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.)