Customs, Excise and Gold Tribunal - Mumbai
Indo Nippon Chemical Co. Ltd. vs Uoi And Ors. on 23 September, 2002
Equivalent citations: 2003(106)ECR246(TRI.-MUMBAI)
JUDGMENT
1. Heard learned Counsel appearing for the Petitioners. The Petitioner is seeking interest on the delayed payment of refund made by the Revenue. The amount of refund has already been received by the Petitioner even before filing of this petition. The petition is for grant of simplicitor relief of interest on delayed payment.
2. The learned Counsel appearing for the Petitioner relied upon number of Judgments of the Apex Court, one of such latest case is of U.P. Pollution Control Board v. Kanoria Industries Limited . He also relied upon the Division Bench Judgment of this Court in the case of Nelco Limited v. Union of India including the judgment of this Bench delivered in the case of Shri Balaji Industries v. Union of India , in support of his prayer and prayed that the petition needs consideration.
3. In all these cases, nowhere it is to be found that the petition seeking simplicitor relief of claiming interest should be entertained or needs to be entertained. On the contrary all the judgments unequivocally lay down that for such a relief civil suit is the proper and adequate remedy. In this view of the matter, we decline to entertain this petition. However, the Petitioner is at liberty to adopt appropriate remedy, as may be available in law, for claiming interest. In that event rejection of this petition shall not come in the way of the Petitioner.
4. With this order, the petition stands disposed of, with no order as to costs.