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2007 (2) TMI 234 - HC - Central ExciseInterest on delayed payment of refund - Writ jurisdiction - HELD THAT:- We may mention here that there is no pleading in this behalf in the writ petition and only at the time of hearing the learned Counsel for the petitioner has advanced such a plea. We cannot permit such a plea for the first time of hearing of the writ petition when there is no factual foundation in the petition. Thus, the writ petition succeeds and is allowed with costs, which we assess at Rs. 1000/-. The respondent no. 2 is directed to pay interest at the applicable rates u/s 11BB of the Act on the sum of Rs. 7038272/- (the principal amount which has already been refunded to the petitioner) from 26th August, 1995 till 14th November, 2005 within 30 days from the date of filing of the certified copy of this order before the said respondent.
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