LAWS(GJH)-2009-4-99

TOPLAND ENGINES PVT LTD Vs. UNION OF INDIA

Decided On April 02, 2009
TOPLAND ENGINES PVT.LTD. Appellant
V/S
UNION OF INDIA THR SECRETARY Respondents

JUDGEMENT

(1.) THE petition is taken-up for final hearing and disposal today considering the scope of controversy. Rule. Learned Counsel appearing for the respective respondent authorities is directed to waive service.

(2.) THIS petition has been preferred challenging Show Cause Notice F. No. V. 84 (18)-1316/2006-Ref. dated 05. 10. 2006 initiating proceedings in the matter of interest of Rs. 47,07,942/- and Rs. 67,461/- as well as seeking direction to make payment of such interest to the petitioner forthwith together with any further interest that the petitioner may be entitled to.

(3.) IT is not in dispute that the petitioner has succeeded in the principal dispute between the parties upto the stage of Tribunal and thereafter sought interest on the refund available to the petitioner. The respondent authority has issued Show Cause Notice as to why the claim for interest should not be rejected.