Jharkhand High Court
M/S.Varanasi Glass Indistries vs Central Coalfields Ltd. & Ors on 1 August, 2012
Author: Narendra Nath Tiwari
Bench: Narendra Nath Tiwari
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.472 of 2011
M/s. Varanasi Glass Industries .... Petitioner
Versus
M/s. CCL & Ors. ...Respondents
Coram : The Hon'ble Mr. Justice Narendra Nath Tiwari
For the Petitioner : Mr. Mukesh Kr. Sinha, Advocate
For the Respondents : Mr. A.K.Mehta, Advocate
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3/01.08.2012According to the petitioner, it is entitled to refund 20% of the amount deposited as increased basic price i.e. in excess of the notified price of the linked quantity of coal for the period from January, 2007 to April,2008 in the light of the order of the Supreme Court passed in 'Ashoka Smokeless' case[(2007)2 SCC 640] and the order of the Patna High Court.
It has been stated that the respondents had charged 20% excess amount for the notified price illegally and they are liable to refund a sum of Rs.39,47,592.92. The petitioner filed representation before the General Manager (Sales & Marketing), CCL, Ranchi-respondent no.3 as far back as on 10.11.2010, but till date, no order has been passed.
Mr. A.K.Mehta, learned counsel, appearing on behalf of the respondents, submitted that if the petitioner's application is still pending, the same shall be considered and appropriate order shall be passed without further delay.
Considering the said submissions, this writ petition is disposed of directing the General Manager (Sales & Marketing), CCL, Ranchi-respondent no.3 to consider the petitioner's application and pass appropriate order in accordance with law, within two months from the date of receipt/production of a copy of this order.
( Narendra Nath Tiwari, J.) s.b.