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TMI Blog2023 (2) TMI 861X X X X Extracts X X X X X X X X Extracts X X X X ..... spondents: Mr Ruchir Bhatia and Mr Shailendera Singh, Sr. Standing Counsels. ORDER RAJIV SHAKDHER, J. (ORAL): 1. These are writ petitions, whereby the central grievance articulated by the petitioner is that there was an enormous delay in paying the audit fee. 2. It is not in dispute, that during the pendency of the writ petitions, the audit fee has been paid to the petitioners. 3. Broadly, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar as the last entity which the petitioner audited, i.e., Sahara India (Firm), is concerned, determination was made on 22.08.2016 and payment of Rs. 63,60,000 was made on 21.02.2020. 5. It is with regard to the delay in payment in respect of audit conducted by the petitioner vis-a-vis the aforementioned entities, that the petitioner seeks interest. 6. Mr Ruchir Bhatia and Mr Shailendera Singh, l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... une and Others (2006) 2 SCC 508. 8. We have heard the counsel for the parties. 9. The aforesaid facts are not in dispute. There is enormous delay in each case in payment of the determined audit fee. The delay is nearly four years in each case. 10. Insofar as the interest is concerned, it is payable if there is statutory enactment i.e., substantive law to that effect, or if trade, usage, custom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ought to be paid to the petitioner at the rate of 7% per annum. Interest will run from the date of determination in each case till the date of payment of audit fee was made.
12. The payment of interest will be made to the petitioner as expeditiously as possible, though not later than eight weeks from the receipt of copy of the order.
13. List the matters for compliance on 13.04.2023. X X X X Extracts X X X X X X X X Extracts X X X X
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