Disposed

M/S.Vedanta Ltd. v. Chairman-Cum-M.D.,Mahanadi Coalfields Ltd.

Orissa HC11 Aug 2016WP(C)/3727/2016

Case brief

AI extract

What is this about?

This short order grants the petitioner conditional relief to recover or have adjusted the amount paid to MCL against an Excise Demand, requiring the submission of an indemnity bond pending the outcome of a related CESTAT appeal.

What did the court decide?

The amount recovered shall be refunded or adjusted at the petitioner's option upon submission of an indemnity bond to MCL within four weeks.

M/S.Vedanta Ltd. Vs Chairman-Cum-M.D.,Mahanadi… — Writ and Judicial Review | Orissa HC (2016)

¶1

W.P(C) No.3727 of 2016

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11.08.2016

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 Heard learned counsel for the petitioner and Mr. S. Ray, learned counsel for t
he MCL and Mr. Anand Prakash Das, learned counsel for the Central Excise and Customs Departmen

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t.

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 On instruction received, it is submitted by the learned counsel for the MCL th
at MCL has made the collection from the petitioner on account of Excise Demand being raised on
 MCL. On being aggrieved by the order of this Court dated 31.7.2015 passed in W.P.(C) No.4651
of 2014, MCL have preferred an appeal before the CESTAT, Kolkata and the same remains pending
as on date.

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 In view of such situation, this Court directs that the amount recovered from t
he petitioners bill be refunded or adjusted at the option of the petitioner submitting an inde
mnity bond to the MCL indicating that in the event any liability accrued, he undertakes to ind
emnify MCL to the extent purpose. On submission of such indemnity bond, the amount be returned
 within a period of four weeks.

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 With the aforesaid observations and directions, the writ application is dispos

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ed of.

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 Urgent certified copy of this order be granted on proper application.

¶10

 I. Mahanty, J.

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 Biswajit Mohanty, J.

¶12

M/S.Vedanta Ltd. v. Chairman-Cum-M.D.,Mahanadi Coalfields Ltd.

Case brief

What is this about?

What did the court decide?

M/S.Vedanta Ltd. v. Chairman-Cum-M.D.,Mahanadi Coalfields Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

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