Pec Limited vs Thai Maparn Trading Co. Limited & Anr. on 23 January, 2012
The delay, if
any, in doing so was of Thai Maparn's own making. Lastly, in any event
even SBI had confirmed that Thai Maparn has already received amounts
far in excess of its entitlement. It is submitted that it is only with a view
to pre-empting a claim against it by PEC for refund of the excess
payment that Thai Maparn has filed the present application. Mr. Mehta
relied on the decisions in Special Officer (Revenue), Kerala State
Electricity Board v. MRF Ltd., Puni Devi Sahu v. Jagannath
Mohapatra AIR 1994 Orissa 240; Bhagwant v. Shri Kisen Dass AIR
1953 SC 136; Karnam Chand v. Kamlesh Kumari AIR 1973 MP 6 and
Karnataka Rare Earth v. Senior Geologist (2004) 2 SCC 786
Maintainability of the application