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M/S. Sri Gajalakshmi Oil Mills, Rep by Its Proprietor-k. Shanmugam, Vellore District Vs. the Assistant Commissioner (Ct), Vellore and Another - Court Judgment

SooperKanoon Citation

Court

Chennai High Court

Decided On

Case Number

Writ Petition No.27466 of 2012

Judge

Appellant

M/S. Sri Gajalakshmi Oil Mills, Rep by Its Proprietor-k. Shanmugam, Vellore District

Respondent

The Assistant Commissioner (Ct), Vellore and Another

Advocates:

For the Petitioner: R. Hemalatha, Advocate. For the Respondents: J. Adithya Reddy, Government Advocate (Taxes).

Excerpt:


.....to the petitioner, as per the representation of the petitioner, dated 26.09.2012. 4. in view of the submissions made by the learned counsels appearing on behalf of the petitioner, as well as the respondents, the first respondent is directed to return the cheques bearing nos.502895, dated 10.10.2012, and 502894, dated 25.10.2012, for a total sum of rs.10,15,561/-, to the petitioner, within a period of fifteen days from the date of receipt of a copy of this order. in case, the cheques have been credited to the account of the respondent department, the said amount shall be refunded to the petitioner, within a period stipulated in this order. the writ petition is ordered accordingly. no costs.

Judgment:


(Prayer: Petition filed seeking for a writ of Mandamus, directing the 1st Respondent to return the cheque bearing Nos.502895/10.10.2012 for Rs.5,15,561 and 502894/25.10.2012 for Rs.5,00,000/- for a total sum of Rs.10,15,561/- drawn on Punjab National Bank, Vellore forcibly collected from the petitioner at the time of inspection on 24.09.2012 by the officials of the 2nd Respondent as per the representation made by the petitioner dated 26.09.2012.)

1. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

2. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner had prayed that this Court may be pleased to direct the first respondent to return the cheque bearing No.502895, dated 10.10.2012, for a sum of Rs.5,15,561/- and the cheque bearing No.502894, dated 25.10.2012, for a sum of Rs.5,00,000/- (for a total sum of Rs.10,15,561/-), drawn on Pubjab National Bank, Vellore, to the petitioner, as the said cheques had been obtained from the petitioner forcibly, at the time of inspection, on 24.09.2012.

3. Per contra, the learned counsel appearing on behalf of the respondents had submitted that the cheques concerned shall be returned to the petitioner, if they had not been credited in favour of the respondent department. The total amount of Rs.10,15,561/- would be returned to the petitioner, as per the representation of the petitioner, dated 26.09.2012.

4. In view of the submissions made by the learned counsels appearing on behalf of the petitioner, as well as the respondents, the first respondent is directed to return the cheques bearing Nos.502895, dated 10.10.2012, and 502894, dated 25.10.2012, for a total sum of Rs.10,15,561/-, to the petitioner, within a period of fifteen days from the date of receipt of a copy of this order. In case, the cheques have been credited to the account of the respondent department, the said amount shall be refunded to the petitioner, within a period stipulated in this order.

The writ petition is ordered accordingly. No costs.




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