M/S. Vikas Ecotech Limited v. Union Of India Through The Secretary And ANR.

PVR 1/2 31wp10237-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Writ Petition No. 10237 OF 2016 M/s. Vikas Ecotech Limited

...Petitioner

Versus

Union Of India Through The Secretary And Anr.

...Respondents

--- Mr.Ashok Singh, for the Petitioner.

Ms.P.S.Cardozo, for Respondent No.2.

--- CORAM : S.V. GANGAPURWALA & G.S. KULKARNI, JJ.

DATED : 19th June,2017 ---- PER COURT :

1.

It is submitted that the refund application of the petitioner is pending since the year 2010. The same is not yet decided.

2.

The learned Counsel for the respondent no.2 states that the authority would decide the same expeditiously. 3.

When application is pending with the authority, it is expected that the authority shall consider the same and pass orders on its own merit. Keeping it pending for such a long period would

PVR 2/2 31wp10237-16.doc tantamount to denial of justice.

4.

Considering the fact that the said refund claim of the petitioner is still pending, the respondent-authority shall take decision upon it on its own merit in accordance with law, expeditiously, preferably within three months from today. 5.

The petitioner shall appear before the concerned authority on 3rd July,2017.

6.

Writ Petition is accordingly disposed of. No costs. (G.S.KULKARNI, J.) (S.V. GANGAPURWALA, J.)