2007 (4) TMI 157

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....evenue on 22-12-1995 towards realisation of the differential duty as averred in Misc. Application No. 128/97 filed by the Revenue on 2-5-97 has entitled the appellant to interest on delayed refund. 1.2 The ld. Counsel appearing for the appellant submitted that the appellant is running from pillar to post from the year 1996 for redressal of wrong done to them. He submitted that the appeal allowe....

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....er of Central Excise, Noida reported in 2003 (154) E.L.T. 522 (Tri.-LB), (ii) Dugar Impex Pvt. Ltd. v. Commr. of Customs, Mumbai reported in 2003 (154) E.L.T. 576 (Cal.), (iii) Eastern Coils Private Ltd. v. Commr. of Central Excise, Kolkata-I reported in 2003 (153) E.L.T. 290 (Cal.), (iv) AIR UK Leasing Ltd. v. Union of India reported in 2003 (151) E.L.T. 510 (Del.) & (v) Commr. of Central Excise,....

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....y, no more remained a controversy or dispute by the above pleading. Therefore, the appellant should succeed and if there was any delay in making refund, the appellant can not be denied of  its right to interest as admissible by law. It should be appreciated that  nobody should suffer for an Act of the Court following maxim actus curiae nemineum gravabit as held in Mithilesh Kumari v. Pre....