VIMMI KHADI GRAMOUDYOG VIKAS SANSTHAN Vs. DIRECTOR, A.V.F.P.I. KHADI & VILLAGE INDUSTRIES COMMISSION AND ORS.

JUDGEMENT

(1.) The only question involved in the present case is as to whether petitioner has paid excess amount to the Khadi & Village Industries Commission and, thus, is entitled for the "No Dues Certificate" as well as refund of the excess amount paid. Sec. 19B of the Khadi and Village Industries Commission Act, 1956 reads as under:

(2.) Bare perusal of sub -section (2) of Sec. 19B would demonstrate that if any question arises whether a sum is payable to the Commission or not, same shall be referred to a Tribunal constituted by the Central Government for the purpose. Petitioner is saying that no amount is due and he has paid amount in excess, therefore, "No Dues Certificate" should be issued in his favour and excess amount should be refunded to him.

(3.) In my considered opinion, questions raised by the petitioner can very well be agitated before the Tribunal and Tribunal shall adjudicate the same after appreciating the evidence.