2013 (10) TMI 394

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....on to file Special Leave Petition is granted. 2. Delay in filing the Special Leave Petitions is condoned. 3. Application for restoration of Order dated 19.11.2012 is rejected. 4. Leave granted. 5. These appeals are directed against the judgment and order passed by the High Court of Judicature at Bombay, Bench at Aurangabad in Writ Petition No.7033 of 2007 dated 19.9.2008 and in Civil A....

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....ufacturers partly for the year 2001 and remitted the whole of the excise duty with effect from 18.06.2004. 8. The respondent herein-Shri Vilas, Son of Dongarlal Jaiswal, retailer of country liquor, thereafter had approached the Writ Court, inter alia, contending that though the State Government had exempted the manufacturers from payment of excise duty, the manufacturers in the garb of collecti....

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....by the manufacturers by making it a part of the maximum retail price, allowing them to retain it further without allowing it to flow back to the state coffers would amount to unjust-enrichment as noticed by this Court in the case of Mafatlal Industries Ltd. vs. Union of India & Ors., reported in (1997) 5 SCC 536. 10. Aggrieved by the said order passed by the High Court, some of the respondents ....

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....ers are before us in these appeals. 12. We have heard learned senior counsel appearing for the parties to the lis and also the learned counsel for the State of Maharashtra. We have also perused the impugned judgment and order passed by the High Court. 13. In our considered view, the High Court has not committed any error whatsoever which would call for our interference under Article 136 of t....