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PTCL 1989 FC. 30

Rita Textiles P. Ltd. Etc. Etc. (M/S.) vs Union Of India And Other

CitationPTCL 1989 FC. 30
CourtSupreme Court of India
Case No.Civil Misc. Petns. Nos. 26341-48 of 1986 (In W.P. Nos. 510-511, 515-516, 526,
Date1986-09-23
Judge(s)G. L. Oza, P. N. Bhagabati, M. Dutt
ResultN/A

ORDER

1. The writ petitions are dismissed since they are covered by the decision of this Court in "Union of India v. Modi Rubber Ltd." given on 18th August, 1986 : {reported in AIR 1986 SC 1992 = PTCL 1987 FC.

266).

2. So far as the payment of arrears of excise duty is concerned, the respondents will be at liberty to encash the Bank Guarantee which has been given by the petitioners for 50% of the amount of arrears, if they have not already encashed the same. With regard to the balance of arrears, learned counsel for the petitioners has requested for time to Rita Textiles P. Ltd. Vs. Union of India FC. 31 {P.N.

Bhagwati, CJ. (S.C. India)} make payment on the ground that the Textile Industry is in a very difficult position and unless some time is given, the textile units may face closure resulting in loss of production and unemployment. We would, therefore, grant time to the petitioners to pay OF the balance of arrears of excise duty. Fifty per cent of such balance shall be paid on or before 15th, March 1987 and the remaining part of the balance shall be paid by the petitioners on or before 15th September, 1987. In view of this Order granting time, the respondents will raise the attachments levied on the goods of some of the textile units in question. If the petitioners commit default in payment of one half of the balance on or before 15th March, 1987, the entire amount of the balance shall become due and payable forthwith. The petitioners also undertake to this Court through their counsel that they will not alienate or dispose of or deal with their assets except in the usual course of business.

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