1992 (2) TMI 249

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..... Kalyanam, Member, (J)]. This is an application for waiver of pre-deposit of Rs. 2.16 lakhs which amount was granted to the petitioners by way of refund in terms of Notification Nos. 55/75 and 80/80. 2. Shri Menon, the learned Counsel for the petitioners submitted that initially refund was granted by the Assistant Collector by his order dated 27-1-1989 for the said amount. Another Assistan .....

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..... ng quasi-judicial jurisdiction cannot reopen the matter. He has further submitted that the High Court of Kerala by its order dated 28th February 1991 had directed the Department to refund the amount to the petitioners on the petitioners executing a bond and accordingly, the amount was refunded to the petitioners. He has submitted that it would be unjust if the petitioners are asked to make the pre .....

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..... Court s order will continue to remain in force. 5. The appeal being a special Bench appeal, the papers are directed to be transmitted to the Registry, CEGAT, New Delhi. Sd/- (S. Kalyanam) Member (J) 6. [Order per : V.P. Gulati, Member (T)]. - I agree with my learned Brother. I would like to add that the petitioners have been denied the benefit only on the sole ground of unjust enrichmen .....

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