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TMI Blog2013 (4) TMI 282X X X X Extracts X X X X X X X X Extracts X X X X ..... ication for the unexplained delay. Hence, in exercise of the jurisdiction of this Court under Article 226 of the Constitution, an order awarding the payment of interest would be necessary. Interest allowed at the rate of 9%, revenue directed to pay the interest within a period of eight weeks. - Writ Petition No.1136 of 2011 - - - Dated:- 3-4-2013 - DR. D. Y. Chandrachud And A. A. Sayed, JJ. For the Petitioner : Mr. V. M. Doiphode i/by V.M.Doiphode Co. For the Respondents : Mr. Pradeep S. Jetly JUDGMENT (Per : DR. D. Y. Chandrachud, J.) :- 1. Rule. Learned counsel for the Respondents waive service. By consent, the Rule is made returnable forthwith. The writ petition is taken up for hearing and final disposal, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ents were supplied to the Petitioner which indicated that the Superintendent of Customs put up a proposal for the payment of the sale proceeds after adjustment of expenses and charges under Section 150 of the Act on 6 January 2010. The Commissioner of Customs (Exports) granted his approval on 7 May 2010 and on 1 June 2010 a refund order was proposed. Despite this no refund was granted. The Petitioner's advocate once again submitted a letter dated 16 December 2010 seeking implementation of the order of the Settlement Commission. 5. These proceedings under Article 226 of the Constitution were filed on 27 June 2011 for implementing the order of the Settlement Commission dated 9 November 2009 and for a refund of the balance due to the Petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on, interest shall be paid at such rate not below 5% and not exceeding 30% p.a. as fixed by the Central Government. Section 150(2) provides for an application of the sale proceeds of goods where any goods not being confiscated goods are not sold under the provisions of the Act. The proceeds have to be applied for the payment of (i) expenses of sale, (ii) freight and other charges to the carrier, (iii) duty, if any; (iv) charges to the person having custody of the goods; and (v) any amount due to the Central Government from the owner of the goods, under the provisions of the Act or under any law relating to customs. The balance is to be paid to the owner of the goods. 9. The Settlement Commission directed the authorities to refund to the P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itioner has been deprived of a refund of its monies legitimately due to him in pursuance of an order of the Settlement Commission. There is absolutely no reason or justification for the unexplained delay. Hence, in exercise of the jurisdiction of this Court under Article 226 of the Constitution, an order awarding the payment of interest would be necessary. 10. In the circumstances, we dispose of the petition by directing the Respondents to grant to the Petitioner and pay over, within a period of eight weeks from today, interest computed at the rate of 9 per cent per annum. Since the Commissioner of Customs had approved the proposal for sanctioning the refund on 7 May 2010 (which period would be a reasonable period after the order of the S ..... X X X X Extracts X X X X X X X X Extracts X X X X
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