Topsia Estate Pvt. Ltd. v. The Commissioner Of Customs (Port) And ORS

OD - 11 ORDER SHEET WPO 262 OF 2018

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE TOPSIA ESTATE PVT. LTD.

VS THE COMMISSIONER OF CUSTOMS (PORT) AND ORS.

BEFORE:

The Hon'ble JUSTICE MD. NIZAMUDDIN Date : 2ND August, 2021.

Appearance:

Mr. S. Mehta, Adv.

Mr. A. Bagaria, Adv.

...For the Petitioner The Court : In this matter, Mr. Mehta, learned Advocate appearing for the petitioner submits that the subject matter of writ was a claim of refund and he submitted that during pendency of the writ petition refund has already been made to him and part of the interest has already been paid.

I am of the view that there is no use of keeping this writ petition pending and I dispose of the writ petition by directing the respondent No.2 to consider the claim of the petitioner with regard to the interest on the refund in question in accordance with law and if it is found that the petitioner has not been fully paid then in that case, he shall determine the amount of interest which the petitioner is entitled and shall pay within four weeks from the date of communication of this order.

The respondent No.2 shall communicate his reason in case no further interest is payable.

WPO No.262 of 2018 is disposed of.

(MD. NIZAMUDDIN, J.) A. Dey