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Judgment
This is an Application praying for refund of the amount of Rs.8 Lakhs deposited by Demand Draft dated 12.11.2012. The said amount was deposited as 10% of the penalty determined by the COMPAT where COMPAT has granted additional conditional stay to the Applicant. It is submitted that the matter was taken up to the Hon’ble Supreme Court and the Hon’ble Supreme Court vide its final judgment dated 01.10.2018 in “Rajasthan Cylinders and Containers Ltd. vs. Union of India and Anr.- (2020) 16 SCC 615” has allowed the Civil Appeal and set aside the order imposing penalty. Counsel for the Appellant has also relied on similar order passed in IA No.4538/2023 in Competition Appeal No. 24 of 2012 in the matter of “Haldia Precision Engineering Pvt. Ltd. vs. Competition Commission of India” dated 06.10.2023 where this Tribunal has already allowed the refund of the amount deposited.
In view of the above, we allow this Application and direct refund of the amount of Rs.8 Lakhs deposited by Demand Draft dated 12.11.2012.
Application is allowed.