TMI Blog2002 (11) TMI 89X X X X Extracts X X X X X X X X Extracts X X X X ..... (Mrs. Kirti Renu Mishra, Advocate with him), for the respondents. V.A. Bobde, Senior Advocate (K.K. Lahiri, Ujjwal Mr. Jha, Aslam Ahmed, Gourav Kejriwal and Ejaz Maqbool, Advocates with him), for the appellants. JUDGMENT The judgment of the court was delivered by N. SANTOSH HEGDE J.-- Heard learned counsel. Leave granted. A short question arises for our consideration whether the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ." Subsequently the appellant succeeded in the proceedings and the amount directed to be deposited by the High Court as per the abovenoted order became liable to be refunded to the appellant. For reasons better known, instead of asking the respondent-State to repay the amount deposited by them, the appellant seems to have filed an application under the provisions of the Orissa Sales Tax Act (the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 1200 of 1995 was made by the High Court in the exercise of its power under articles 226 and 227 of the Constitution of India wherein while directing the appellants to deposit the amount quantified therein, the High Court also issued a direction to the respondent-State that it should refund the amount with interest at the rate of 18 per cent. per annum in the event of the appellants succeeding in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the High Court while directing the deposit of the amount then it could be said that the refund which may become payable will be governed by the provisions of the State Act. In the instant case, since the very order which directed the deposit itself has directed the refund with 18 per cent. interest, we have no doubt in holding the said order as to mean that the refund should be made with inter ..... X X X X Extracts X X X X X X X X Extracts X X X X
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