TMI Blog2020 (7) TMI 652X X X X Extracts X X X X X X X X Extracts X X X X ..... y paid to the petitioner within 24 hours, we adjourn this matter for day after tomorrow i.e. 29.07.2020. We further provide that the interest of 6% would be payable up to the date when the amount was credited in the account of the Consumer Welfare Fund. However, after that date the petitioner should be entitled to higher rate of interest say 18% till the date of actual payment and the excess amount of interest so paid to be recovered from the officers found responsible for not making payment in time after due inquiry by the Department. The petitioner should be entitled for costs of the petition which could be fixed at ₹ 1,00,000/-. This amount may also be recovered from the erring officers after due enquiry - On the next date i.e. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... editing it in the account of the petitioner. Aggrieved by the said order dated 20.08.2019 of the Assistant Commissioner, the petitioner preferred appeal, which was allowed by order dated 27.09.2019 by the Commissioner (Appeals) and the matter was remitted to the Assistant Commissioner to pay the refund amount along with interest. Thereafter, the Assistant Commissioner has not made payment so far. Aggrieved by the inaction and not receiving the refund, the petitioner has approached this Court by way of the present petition. 3. On the previous date i.e. 20.07.2020 we had granted time to Mr. Parth Bhatt, learned Standing Counsel for the Department to obtain instructions in the matter. Today, Mr. Bhatt upon instructions has stated that the f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t on the insistence of Mr. Bhatt that better sense may prevail on the officers and amount would be fully paid to the petitioner within 24 hours, we adjourn this matter for day after tomorrow i.e. 29.07.2020. We further provide that the interest of 6% would be payable up to the date when the amount was credited in the account of the Consumer Welfare Fund. However, after that date the petitioner should be entitled to higher rate of interest say 18% till the date of actual payment and the excess amount of interest so paid to be recovered from the officers found responsible for not making payment in time after due inquiry by the Department. Further, we are also of the view that the petitioner should be entitled for costs of the petition which c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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