Shrichand Safalmal Ahuja v. State Of Maharashtra, Through Minister Of State Excise And ORS

DSS 12-7177-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7177 OF 2014 Shrichand Safalmal Ahuja Partner M/s. Varsha Wines .. Petitioner vs.

The State of Maharashtra & ors.

.. Respondents Mr. D.B. Sawant for the Petitioner.

Ms P. S. Cardozo, AGP for Respondent Nos.1 to 3. CORAM :

M. S. SONAK, J.

DATE : 2 MARCH, 2015 P.C. :- 1] Rule. With the consent of and at the request of learned counsel for the parties, Rule is made returnable forthwith. 2] For the reasons set out in the order dated 2 March 2015 made in Writ Petition No.7176 of 2014, Rule is made partly absolute in this petition as well as.

3] The respondents are directed to refund the excess amount of fees to the petitioner, within a period of three months from today, after determination, in terms of impugned order dated 11 September 2014.

4] Accordingly, the present petition is disposed of by way of modifying the impugned order dated 11 September 2014. The portion of the impugned order, which directs adjustment of the excess amount towards renewal fees for the subsequent years, is set 1/2

DSS 12-7177-14 aside. Instead, it is directed that the excess amount be refunded to the petitioner within a period of three months, as aforesaid. In case the amount is not refunded within three months, the same shall carry interest at the rate of 6% per annum.

5] There shall be no order as to costs.

(M. S. SONAK, J.) dinesh 2/2