2010 (5) TMI 475

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.... of public sector on first impression and passed order to adjourn the matters to 13-9-2010 to get COD clearance, Shri Anil Kumar Goel appearing for the appellant submits that this Bank is not a public sector for which no COD clearance is required. He clarifies that there is no shareholding by the Government of India to call this bank as public sector. Taking the averment of the authorised represen....

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....or adjustment, the demand arose. 3. Ld. DR supports the order of the authorities below. 4. Heard the ld. DR and also examined the records. He agreed that no one shall be called upon to pay any amount which is not due to the State and as that is not required by law to be paid. Similarly, what that is due to the State cannot be sacrificed. When the excess amount paid becomes refundable to the ....

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.... [2005] 2 STT 266 (New Delhi - CESTAT) dealing with such a situation may be looked into. 5. It may be stated that procedural law should not dominate or over power substantive rights and substantial justice. Hon'ble Supreme Court in the case of Shaikh Salim Haji Abdul Khayumsab v. Kumar AIR 2006 SC 396 held in paras 13, 14, 15 & 16 as under :- "13. The processual law so dominates in certain s....

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....) All ER 524 (HL)]. A procedural law should not ordinarily be construed as mandatory, the procedural law is always subservient to and is in aid to justice. Any interpretation which eludes or frustrates the recipient of justice is not to be followed. [See Shreenath v. Rajesh AIR 1998 SC 1827]. 15. Processual law is not to be a tyrant but a servant, not an obstruction but an aid to justice. Proce....