Citation : 2022 Latest Caselaw 15068 ALL
Judgement Date : 21 October, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 4 Case :- WRIT - C No. - 7311 of 2022 Petitioner :- M/S Threads India Ltd. Thru. Director Manish Balani Respondent :- State Of U.P. Thru. Addl. Chief Secy. Energy U.P. Civil Secrett. Lucknow And Another Counsel for Petitioner :- Vishal Dixit,Kamlesh Kumar Counsel for Respondent :- C.S.C. Hon'ble Attau Rahman Masoodi,J.
Hon'ble Om Prakash Shukla,J.
By means of this writ petition, the petitioner is seeking a writ in the nature of mandamus directing the opposite parties to allow the benefit of order dated 7.8.2019 passed in Writ Petition No. 5055 (MB) of 2019 as well as Hon'ble Supreme Court decision dated 7.1.2020 in the matter of rebate of Electricity Duty.
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 petitioner was 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 05.02.2018, 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 :- 21.10.2022
Shahnaz
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