Contempt petitioner was ordered to pay interest claimed in a refund case. Since principal was refunded, interest claim was retained for government claim. Court closed the contempt proceedings.
Contempt case is closed; right to claim interest is reserved for government consideration.
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 THE CHIEF JUSTICE MR.ASHOK BHUSHAN &
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
TUESDAY, THE 9TH DAY OF FEBRUARY 2016/20TH MAGHA, 1937
Con.Case(C).No. 1717 of 2015 (S)
JUDGMENT DATED 23-06-2015 IN OP 10383/2003.
PETITIONER/PETITIONER IN WPC:
SHEEJAMOL, AGED 41 YEARS, D/O BABY MATHEW @ MARY ROSILY, PROPRIETRESS, KOTTAVATHIL RESTAURANT, THRIPUNITHURA P.O., ERNAKULAM DISTRICT.
BY ADV. SRI.M.G.KARTHIKEYAN
RESPONDNETS/RESPONDENT NOS. 1 TO 3:
1. DR.W.R.REDDY, I.A.S., AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER,
GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695001.
2. ANIL X., I.A.S., AGE AND FATHERS
3. K.SURESH BABU, AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER,
ASST. COMMISSIONER OF EXCISE,
BY SENIOR GOVERNMENT PLEADER SRI.P.I.DAVIS
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 09-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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Con.Case(C).No. 1717 of 2015 (S)
APPENDIX
PETITIONERS' ANNEXURES:
ANNEXURE A : CERTIFIED COPY OF THE JUDGMENT DATED 23.6.2015 IN OP.NO.10383/2003 OF THIS HON'BLE COURT.
ANNEXURE B : PHOTOCOPY OF THE JUDGMENT DATED 21.8.2015 IN CIVIL APPEAL NO.2246/2006 & CONNECTED CASE PASSED BY THE HON'BLE SUPREME COURT.
ANNEXURE C : PHOTOCOPY OF THE CIATION, CHITRA VS.STATE OF KERALA REPORTED IN 2015(3) KLT 956(SC). ANNEXURE D : PHOTOCOPY OF THE LETTER DATED 28.9.2015 SENT TO THE RESPONDENTS.
ANNEXURE E : PHOTOCOPY OF THE ORDER NO.T3-2653/1990 DATED 1.10.2015 PASSED BY THE DEPUTY COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM.
RESPONDENTS' ANNEXURES: NIL.
//TRUE COPY//
P.S. TO JUDGE
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ASHOK BHUSHAN, C.J. &
A.M. SHAFFIQUE, J.
================
Cont.Case (C) No. 1717 of 2015 =====================
Dated this, the 9th day of February, 2016
J U D G M E N T
Shaffique, J.
It is submitted by the learned counsel for the petitioner that by virtue of the directions issued by the Supreme Court, petitioner had received the principal amount as refund. However, according to the learned counsel for the petitioner, no interest has been paid.
We have already taken the view that in so far as the right to claim interest is a matter which has to be considered by the Government, it shall always be open for the petitioner to make a claim before the Government or to take any other proceedings in accordance with law. This right is reserved. However, taking into consideration the fact that the amount has already been refunded, this contempt case is closed.
Sd/-
ASHOK BHUSHAN, CHIEF JUSTICE
Sd/-
A.M. SHAFFIQUE, JUDGE
Rp9/2/2016 //True Copy//
PS to Judge
1 issue framed by the court
Whether the contempt case is closed in view of the refund of the principal amount though interest claim remains reserved for government consideration.
Sheejamol
Dr. W.R. Reddy
Anil X.
K. Suresh Babu
Ashok Bhushan
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
