The Division Bench disposed of the writ petition by relying on a coordinated decision granting refunds of electricity duty with interest, noting the matter was settled in connected litigation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 46
Case :- WRIT - C No. - 19447 of 2020
Petitioner :- M/S Sumit Agro Products Limited And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Mayank Kumar Agrawal Counsel for Respondent :- C.S.C.,Ajay Kumar
Hon'ble Naheed Ara Moonis,J. Hon'ble Vivek Varma,J.
Heard Sri Mayank Agrawal, learned counsel for the petitioners, learned Standing Counsel appears on behalf of the respondent nos. 1 and 4 and Sri Ajay Kumar, learned counsel for the respondent nos. 2 and 3.
Learned counsel for the parties, at the very outset, submits that the controversy raised in the instant writ petition stands concluded by the Division Bench of this Court vide order dated 07.08.2019 passed in Misc. Bench No. 5055 of 2019 (M/s Bansal Wire Industries Ltd. Vs. State of U.P. & others) and other connected petitions, in which following directions have been issued:
"Accordingly, writ petitions are allowed. It is with a direction to the respondents-State Government to refund the amount of electricity duty collected after the notification dated 21.01.2010 and would be in reference to the period of the benefit i.e. 10 years or 15 years, as the case may be. The amount would be refunded within a period of six months from today. If, the amount is not refunded within the period given above, it will carry interest @ 10% for the period subsequent to it. Direction of the refund has been given keeping in mind the prayer in the connected writ petitions and the oral prayer made in the present writ petition."
The aforesaid judgement has attained finality as Special Leave to Appeal filed against the same was dismissed by the Hon'ble Supreme Court on 07.01.2020.
Learned counsel for the parties have also relied upon a judgement dated 23.11.2020 passed by the coordinate Bench of this Court in Writ-C No. 17856 of 2020 (M/s Silverton Pulp and Papers Pvt. Ltd. Vs. State of U.P. & 3 others).
The present matter is covered by the aforesaid Division Bench judgement of this Court.
In the above conspectus, we dispose of the instant writ petition in the same terms and conditions as held in M/s Bansal Wire Industries Ltd (supra) referred herein above.
No order as to cost.
Order Date :- 17.12.2020 Lbm/-
Colour shows how this judgement treated each authority
M/s Bansal Wire Industries Ltd. Vs. State of U.P. & othersFollowed¶7
Misc. Bench No. 5055 of 2019 (M/s Bansal Wire Industries Ltd. Vs. State of U.P. & others)
M/s Silverton Pulp and Papers Pvt. Ltd. Vs. State of U.P. & 3 othersRelied on¶9
Writ-C No. 17856 of 2020 (M/s Silverton Pulp and Papers Pvt. Ltd. Vs. State of U.P. & 3 others)
M/S Sumit Agro Products Limited
State Of U P
Naheed Ara Moonis
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
