2008 (7) TMI 792

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....DR, for the Respondent. [Order]. - This appeal is directed against the order-in-appeal No. 164 (CFS, Mulund (I)/2007(JNCH) dt. ......-6-2007. 2. Considered the submissions made at length by both sides and perused the records. 3. Appellant is in appeal against the impugned order on the ground that the refund amount which is due to him was sanctioned by authorities on 19-6-2003....

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....er :- "The facts and circumstances of the case has been carefully studied. The claim for interest on account of delay in payment of the refund hinges on the point that the refund which was due from the date of Supreme Court order on 05-3-03 was delayed till issue of cheque on 22-11-2005. The appellants have contended that they were entitled to refund on 10-3-01, the date on which the Supreme Co....

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....ng with the bank guarantee of the entire amount of the refund. Though the appellant has executed a bond, no bank guarantee was executed. It is also on record that the appellant had not challenged the condition of the bank guarantee, as put by the adjudicating authority in the refund order. In the absence of any challenge to such a condition, today the appellants claim that Hon'ble Supreme Court ha....