TRIVENI CHEMICALS LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner Triveni Chemicals Ltd. has filed this petition under Article 226 of the Constitution before this Court on 25 -10 -1991 praying that the respondents be directed to pay Rs. 18,52,175. 20 ps. with interest at the rate of 18% p.a. to the petitioner from the date of payment made by the petitioner till the date of refund.

(2.) IT appears from the order sheet of this petition that when this petition was placed for admission on 28 -10 -1991 before the Division Bench of this Court, straightway Rule was ordered to be issued making it returnable on 25 -11 -1991 and the Notice as to interim relief was also ordered to be issued. By way of interim relief, it was prayed that pending hearing and final disposal of this petition the respondents be directed to pay Rs. 18,52,175.25 ps. to the petitioner. However, for some or the other reasons this petition could not be heard and finally disposed of till today. Today, this matter was listed for the 14th time and after a period of almost 13 years of passing of the order of admission, this matter is heard and disposed of today by this order.

(3.) IT is the case of the petitioner that on 26 -8 -1991 its representative appeared before the respondent No. 2 requested him to issue refund order, but the respondent No. 2 indicated to its representative that granting of refund would result into unjust enrichment. There upon, the petitioner pointed out to the respondent No. 2 that question of unjust enrichment does not arise in this case and that the petitioner had paid the duty under protest and, in any case, the respondent No. 2 can not deny refund to the petitioner in view of the judgment of the Hon'ble Bombay High Court whereby the contention of unjust enrichment was specifically rejected. Thereafter, no decision was taken by the respondent No. 2. Therefore, the petitioner has filed this petition before this Court on 25 -10 -1991 i.e. within a period of 2 month from the date of hearing which took place before the respondent No. 2 on its refund Application.