Reliance Infrastructure Ltd v. The State Of Maharashtra
Amol
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2053 OF 2025 Reliance Infrastructure Ltd
...Petitioner
Versus
The State of Maharashtra & Ors
...Respondents
______________________________________________________ Mr. Prakash Shah, Senior Advocate, with Mr. Jas Sanghavi & Mr. Mohit Raval, i/b, PDS Legal, for the Petitioner. Mr. Himanshu Takke, AGP, for the Respondent.
______________________________________________________
CORAM
M.S. Sonak & Advait M. Sethna, JJ.
DATED:
02 December 2025 ORAL ORDER:- (Per M. S. Sonak, J) 1.
Heard Mr. Shah, learned Senior Advocate who appears along with Mr. Sanghavi and Mr. Raval for the Petitioner and Mr. Takke, the learned AGP for the Respondent-State. Digitally signed by AMOL PREMNATH JADHAV Date:
2025.12.04 13:18:51 +0530 2.
Rule. The Rule is made returnable immediately at the AMOL PREMNATH JADHAV request of and with the consent of the learned Counsel for the parties.
3.
The Petitioner seeks a writ of mandamus on the Respondents to forthwith pay the refund of Rs. 5,79,08,490/- determined by the Jt. Commissioner (A) vide its Appellate Orders dated 26 December 2024 for FY 2013-14 (Exhibit "A") and FY 2014-15 (Exhibit "B") along with interest @ 18% p.a. till the date of payment of the refund amount.
4.
The record shows that in terms of the appellate order dated 26 December 2024, the Appellate Authority has directed the Respondents to refund to the Petitioner the above referred amount of Rs. 5,79,08,490/-. Till date, despite demand letters the amount is not being refunded. 5.
Mr. Shah refers to letters of demand dated 18 January 2025 and 24 April 2025. He points out that despite the receipts of these letters, neither are they responded to nor is the refund granted.
6.
Mr. Takke the learned Assistant Government Pleader states that there was some technical glitch in granting the refund and officer concerned is working upon resolving the said glitch. He however admitted that till date the appellate orders granting refund have not been challenged or stayed by the authority or the Court of law.
7.
Based upon "some technical glitch" the implementation of the appellate orders for refund cannot be delayed. The orders were made on 26 December 2024 and, almost a year has passed.
8.
Accordingly, we allow this Petition and direct the Respondents to refund the amount of Rs. 5,79,08,490/- to the Petitioner within six weeks of the uploading of this order. Respondents shall also pay interest at the rate of 6% per annum on the above amount from 26 December 2024 till the date of actual payment.
9.
The Rule is made absolute in the above terms without any order for costs.
10.
All concerned to act on an authenticated copy of this order.
(Advait M. Sethna, J) (M.S. Sonak, J)