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Judgment
Sunil B. Shukre, J
RULE. Rule is made returnable forthwith. Heard finally, by consent of learned counsel for the petitioner, learned AGP for respondent no.1-State and learned counsel for respondent nos.2 and 3-MCGM.
Affidavit tendered on record be accepted.
Considering the peculiar facts of this case, which peculiarity lies in the Tax Invoice raising a demand for payment of amount of premium of 50% additional FSI having been issued on 31st January 2022, which was the last date for paying the premium at certain rate as per the policy of the State, we are of the view that interest of justice requires the petitioner to be given a reasonable time for fulfilling the demand. In fact, the petitioner did try it’s level best to fulfill the demand but could succeed in doing so only partially and for the rest of the amount, it had to be dependent upon it’s banker for issuing a demand draft in its favour. But, as certified by the banker, the demand draft could not be issued due to some snag that had developed on 31st January 2022 in the server of the bank. These were the factors not within the control of the petitioner and these were the very factors which required the respondents to grant reasonable time to the petitioner to make compliance with the tax demand. But, that reasonable time was not afforded by the respondents to the petitioner and, therefore, we are of the view that this is a fit case for making interference in the matter so that substantive justice is done in the case.
In the circumstances, we allow the petition in terms of prayer clause (a), which reads as under :-
“(a). This Hon’ble Court by a writ of mandamus or any other appropriate writ, order or direction be pleased to direct the respondent-Corporation to accept the payment of Rs.64,22,500/- (Rs. Sixty Four Lakhs and Twenty Two Thousand and Five Hundred only) from the petitioner towards the Demand Note No.CHE/BP/76736/22 raised by the respondent no.2 on 31.01.2022 and provide it with the benefit of the FSI premium discount policy.”
It is made clear that this order shall not be treated as precedent as it has been passed in the context of the peculiar facts and circumstances of the present case.
Rule is made absolute in the above terms. Petition is disposed of.