SETHU SALES CORPORATION Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) Shorn of the lengthy pleadings and voluminous documents, the grievance of the petitioner is essentially against denial of interest that has accrued due on the sale proceeds of the subject essential commodity, that were credited to the bank account pending enquiry. Learned counsel for the petitioner vehemently argues that his client having emerged victorious in the subject enquiry, not only the amount of money that came by way of auction of the seized commodity but also the interest accruing due thereon should be handed to his client only. Anything less than that would be repugnant to rules of law & reason.

(2.) Learned AGA appearing for the respondents vehemently opposes the petition contending that after the auction was accomplished, the auction money was deposited in the bank and that the same has earned interest in usual course, is true. However, the official respondents having considered request of the petitioner from all angles, have decided to withhold the interest since it is only the principal amount that belongs to the petitioner. She also adds that should the petitioner make an appropriate representation airing his grievance, there would be no difficulty for considering the same in accordance with law and in a time bound manner. So contending, she seeks dismissal of the petition.

(3.) Having heard the counsel for the parties and having perused the Petition Papers, this Court is inclined to grant indulgence in this matter because admittedly, the subject essential commodity belonged to the petitioner; the same being perishable was put to auction and the auction money was credited in an interest accruing account. Petitioner having come out unscathed in the enquiry, he is entitled to the substituted property namely the sale proceeds with all the interest that has accrued due.