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LPA/2389/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 2389 of 2009
In
SPECIAL
CIVIL APPLICATION No. 5028 of 2009
With
CIVIL
APPLICATION No. 13040 of 2009
In
LETTERS PATENT
APPEAL No. 2389 of 2009
=========================================================
SIDMAK
LABORATORIES (INDIA) PVT LTD - Appellant(s)
Versus
UNION
OF INDIA & 1 - Respondent(s)
=========================================================
Appearance
:
MR
MIHIR JOSHI Sr Advocate for SINGHI & CO
for
Appellant
MR PANKAJ S CHAMPANERI Addl. Solicitor General of India
for
Respondents
=========================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE K.M.THAKER 27th August 2010
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
After
taking into consideration the stand taken by the parties, it is not
desirable to decide the main issue whether the Central Government can
demand over-charged amount with interest or not, which actually is
required to be determined by the learned Single Judge after hearing
the parties. We are, therefore, of the view that instead of the
nature of stay, as ordered by the learned Single Judge, the
appellant-petitioner should be directed to pay 50% of the total
amount during the pendency of SCA No. 5028/2009. We accordingly
direct the petitioner to deposit a sum of
Rs. 32,00,000/= within
two weeks, subject to the decision of the case. The learned Single
Judge will decide whether the said amount, wrongly charged, should be
refunded back to the original petitioner or not. The order passed by
the learned Single Judge and the earlier orders passed by this Court
stand modified to the aforesaid extent.
SCA No. 5028/2009 is ordered to be listed before the concerned
learned Single Judge on 13th
September 2010 as the first case. We request the learned Single Judge
to decide the same without granting unnecessary adjournments to the
parties.
LPA & CA No. 13040/2009 stand disposed of with the aforesaid
observation and direction. No costs.
{S.J
Mukhopadhaya, CJ.}
{K.M
Thaker, J.}
Prakash*
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