Writ petition filed by managing partner of a rubber industries for issuance of refund voucher and interest on security deposit refund. Court directed respondents to disburse refund with 10% annual interest within three months.
Directed respondents to disburse Rs. 9640 with interest at 10% per annum within 3 months of receiving judgment copy.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON
TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931
WP(C).No. 6332 of 2007(D)
PETITIONER:
P.K.POULOSE, PALLISSERY, MANAGING PARTNER, AGNEL RUBBER INDUSTRIES, MATTOOR, KALADY P.O., ERNAKULAM DISTRICT.
BY ADV. SRI.WILSON URMESE
RESPONDENTS:
GOVERNMENT PLEADER SRI. V.K. SHAMSUDHEEN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 6332 of 2007
2
APPENDIX
PETITIONER'S EXHIBITS
//TRUE COPY//
PA TO JUDGE
P.R. RAMACHANDRA MENON, J.
WP (C) NO. 6332 OF 2007
Dated this the 16th day of March, 2010
J U D G M E N T
The prayer of the petitioner is to issue a writ of mandamus directing the respondents to issue 'refund voucher' for the refund of amount allowed as per Exhibit P1 order, with interest at the rate of 10% per annum.
amount was collected from the petitioner way back in February, 2003 and that the adjudication was over in the
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WP (C) NO. 6332 OF 2007
year 2005, despite which, consequential orders have been passed only now, in March, 2010. This being the position,the petitioner is very much entitled to get interest as prescribed under Section 44 of the KGST Act, submits the learned counsel.
Writ Petition is allowed of, as above. No costs.
P.R. RAMACHANDRA MENON,
JUDGE.
//True copy//
PA to Judge
rkc
1 issue framed by the court
Whether the petitioner is entitled to interest as per Section 44 of the KGST Act on a delayed refund of security deposit?
1 provisions across 1 enactments
P.K. Poulose
The Sales Tax Officer (Enquiry)
The Sales Tax Officer, Chittoor
The Sales Tax Officer, Angamali
P.R. Ramachandran Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
