The High Court directed a refund or adjustment of excise demand recovered from the petitioner, conditioned on the filing of an indemnity bond by the petitioner.
Refund or adjustment of recovered excise demand subject to filing of an indemnity bond within four weeks.
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W.P(C) No.6544 of 2016
11.08.2016
Heard learned counsel for the petitioner and Mr. S. Ray, learned counsel for t
he MCL and Mr. Ananda Prakash Das, learned counsel for the Central Excise and Customs Departme
nt.
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.
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.
With the aforesaid observations and directions, the writ application is dispos
ed of.
Urgent certified copy of this order be granted on proper application.
I. Mahanty, J.
Biswajit Mohanty, J.
S
petitioner
MCL
Central Excise and Customs Department
I. Mahanty
Biswajit Mohanty
As recorded by the court registry
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