High CourtsDivision Bench(2021) 01 PAT CK 0060

M/S Apollo Tyres Ltd vs State Of Bihar And Ors

Patna High Court · Decided on 11 January 2021

HON’BLE JUDGES
Sanjay Karol, CJ · Partha Sarthy, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Jurisdiction Case No. 17646 Of 2018

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Judgment

16 paragraphs · 274 words

Petitioner has prayed for the following relief(s):-

“(I) For issuance of writ in the nature of mandamus directing the respondent to refund the excess amount of tax realized from the petitioner/paid in

connection with the financial year 2002-2003 which total amounts to Rs.62,02,613/-;

(ii) For issuance of a writ in nature of mandamus directing the respondent to refund the excess amount of tax realized/paid by the petitioner in

connection with the financial year 2002-03 with interest at the rate of 9% per annum in terms of section 43 of the Bihar Finance Act, 1981;

(iii) For any other relief or reliefs to which the petitioner is found entitled in the facts and circumstances in this case.â€​

Learned counsel for the petitioner seeks permission to withdraw the present petition reserving liberty to file a fresh petition on the same and

subsequent cause of action, if the need so arises. Also, approach the respondent authorities venting out his surviving grievances, if any.

We are sure that as and when such request is made to the authority concerned, the same shall be considered and disposed of expeditiously, also

associating the petitioner in taking the remedial measures.

Needless to add, while considering such request, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties.

We have not expressed any opinion on merits. All issues are left open.

The proceedings, during the time of current Pandemic- Covid-19, shall be conducted through digital mode, unless the parties otherwise mutually agree

to meet in person, i.e., physical mode.

The petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, also stands disposed of.