M/S Sutech Industries ... vs State Of U.P.Thru Prin.Secy. ...
2021 Latest Caselaw 3271 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 

 
Case :- MISC. BENCH No. - 5848 of 2021
 

 
Petitioner :- M/S Sutech Industries Pvt.Ltd.Thru Director Sukhdev Singh
 
Respondent :- State Of U.P.Thru Prin.Secy. Energy Lucknow & Anr.
 
Counsel for Petitioner :- Vishal Dixit,Anisha Dwivedi,Ashok Kumar Prajapati,Kamlesh Kumar
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Devendra Kumar Upadhyaya,J.

Hon'ble Manish Kumar,J.

Heard learned counsel for the parties.

By means of this writ petition, the petitioner herein is seeking a writ in the nature of mandamus commanding the respondent no.2 to give actual credit of the amount towards rebate of Electricity Duty to the petitioner w.e.f. 21.01.2010 till 05.02.2018.

The matter of refund of the electricity duty came up for consideration before a Division Bench of this Court in Misc. Bench No.5055 of 2019; M/S Bansal Wire Industries Ltd. Vs. State of U.P. & Ors. and other connected petitions.

The petitions were allowed vide judgment and order dated 07.08.2019 with a direction that the State Government shall refund the amount of electricity duty collected after the issuance of the notification dated 21.01.2010, within a period of six months, failing which the amount would carry interest at the rate of 10%.

The aforesaid judgment is final and conclusive as the SLP filed against the same has been dismissed by the Hon'ble Supreme Court. The present matter is covered by the Division Bench judgement of this Court.

In view of the aforesaid, we dispose of this writ petition in the same terms and conditions as in the judgment and order dated 07.08.2019 passed in the above referred writ petition.

Order Date :- 10.3.2021

S. Kumar