9911796707
TMI Blog2019 (9) TMI 1166X X X X Extracts X X X X X X X X Extracts X X X X ..... to 13.05.2004. In fact, the petitioner is in search of payment of interest from March/May, 1998 which cannot be granted because there is no provision for the payment of interest nor the aforesaid amount was deposited under any coercion or compulsion. Moreover, the aforesaid amount was deposited by the petitioner voluntarily and, that too, prior to the issuance of the show cause notice dated 04.04.2001. There are no reason to entertain this writ petition for grant of interest from March/May, 1998 upon an amount at ₹ 28,76,578/- - petition dismissed. - W.P.(C) 128/2009 - - - Dated:- 4-9-2019 - CHIEF JUSTICE MR. C.HARI SHANKAR J. Petitioner Through: Mr. Rajesh Jain with Mr. Virag Tiwari Mr. Ramashish, Advs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with respondents 1. 11.03.1998 ₹ 10,00,000/- 2. 12.05.1998 ₹ 14,76,000/- 3. 13.05.1998 ₹ 4,00,578/- Total ₹ 28,76,578/- 4. Thus, it appears that the aforesaid amount was deposited by the petitioner with the respondents. Later on, after issuance of the show cause notice dated 04.04.2001, order in original was passed on 29.04.2002 which was against the petitioner. 5. Being aggrieved and dissatisfied by the order in original, app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... STAT that the amount which was deposited by the petitioner was a voluntary payment. (c) It is well settled law by plethora of Supreme Court decisions, in State of Punjab v. Atul Fasteners Ltd., 2007 (211) E.L.T. 519 (S.C.) and Union of India v. Orient Enterprises, 1998 (99) E.L.T. 193 (S.C.) that interest on delayed refund cannot be granted on the basis of equity, unless expressly provided by the statute. 8. Much has been argued by the counsel for the payment of the interest from March/May, 1998 upon an amount at ₹ 28,76,578/- on the basis of the judgments upon which the reliance is placed by the petitioner. 9. Looking to the facts of the present case that (a) The amount of ₹ 28,76,578/- was pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch/May, 1998 which cannot be granted because there is no provision for the payment of interest nor the aforesaid amount was deposited under any coercion or compulsion. Moreover, the aforesaid amount was deposited by the petitioner voluntarily and, that too, prior to the issuance of the show cause notice dated 04.04.2001. 12. Thus, we see no reason to entertain this writ petition for grant of interest from March/May, 1998 upon an amount at ₹ 28,76,578/-. The principal amount has already been paid by the respondents to the petitioner on 13.05.2004. Thus, after three months period is over from the date of the order of the CESTAT (20.11.2003) till the actual payment of the amount (14.05.2004) i.e. for the period running from 21.1 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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