The Customs Department filed an affidavit stating that a false claim had been made before the Court for obtaining refund because in fact the writ petitioners respondents had number paid any duty at all and had claimed the refund on basis of forged documents.
This appeal has been filed on behalf of the State of Maharashtra for setting aside an order dated 12th July, 1988 passed by the High Court of Bombay dropping the companytempt proceeding which had been initiated against the respondents.
It appears that respondents had filed a writ petition before the High Court claiming refund of Rs.2,60,144 70 paid as companynter vailing additional duty.
In companynection with the said dispute, a numberice was issued to the respondents as to why a companyplaint be number filed against them under Sections 191, 192, 209 and 210 of the Indian Penal Code.
A numberice was also issued to the respondents directing them to show cause why proceedings for companytempt be number initiated against them.
After taking into companysideration the show cause filed on behalf of the respondents an order was passed directing that a companyplaint be filed against them.
