PHOENIX LAMPS INDIA Vs. U O I

JUDGEMENT

(1.) With the consent of the parties, the writ petition is taken up for final hearing.

(2.) This writ petition is filed with the following prayer:

(3.) The said notification, inter alia, was also challenged in the Calcutta High Court. The learned Single Judge vide judgment dated 17.7.1997 set aside the notification dated 21.6.1995 and the said judgment was upheld by the Division Bench of Calcutta High Court vide judgment dated 3.8.2001 in G.A. No.2572/2001. The said order stood challenged before the Hon'ble Supreme Court in Civil Appeal No.1761/2002 and is pending consideration. Pursuant to the judgment of the Calcutta High Court striking down the notification, the petitioner filed writ petition in the present case and had consequently not paid the increased fees sought by the 1995 notification at the time of increase in its authorised capital. This payment was not made due to interim order passed by this Court. Thereafter on 27.1.2003 a circular was issued by the Ministry of Finance which reads as follows: <FRM>JUDGEMENT_1458_ILRDLH15_2006Html1.htm</FRM>