M/S. Bengal Energy Ltd. vs Union Of India And Others
2022 Latest Caselaw 6934 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK


                                     W.P.(C) No.6909 of 2019


            M/s. Bengal Energy Ltd., Cuttack        ....            Petitioner
                                     Mr. Jagabandhu Sahoo, Senior Advocate
                                      assisted by Ms. Kajal Sahoo, Advocate
                                       -versus-
            Union of India and others                  ....      Opposite Parties
                                  Mr. P. K. Panda, Senior Standing Counsel for
                                                        Opposite Parties 3 to 5


            CORAM:
            THE CHIEF JUSTICE
            JUSTICE M.S. RAMAN
                                         ORDER

Order No. 28.11.2022

06. 1. In view of the judgment of this Court dated 1st August, 2022 in W.P.(C) No.1684 of 2019 (M/s. Paradeep Phosphates Ltd. v. Union of India), liberty is granted to the Petitioner to make an appropriate application for refund together with statutory interest in terms of the order dated 3rd April, 2019 passed in the present writ petition to the effect that "any payment made by the Petitioner will be subject to the result of the writ petition." The Proper Officer will quantify the amount in accordance with law taking into account the judgment of the Supreme Court of India in Union of India v. Mohit Minerals Pvt. Ltd., 2022 SCC OnLine 657. The Proper Officer will examine the records of the Petitioner and take appropriate decision within a

period of three months from the date of production of the certified copy of this order.

2. The petition is disposed of in the above terms. Issue urgent certified copy of this order as per Rules.

(Dr. S. Muralidhar) Chief Justice

(M.S. Raman) Judge M. Panda