2006 (10) TMI 508

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.... - -<br>Indian Laws<br>Dr. Arijit Pasayat and S.H. Kapadia, JJ. For Appellant: Dinesh Dwivedi and R.N. Trivedi, Sr. Advs., S. Wasim A. Qadri, Rajeev Dubey, Kamlendra Mishra, Ashok Kumar Srivastava, P. Vinay Kumar, Sneha Bhaskaran and D. Bharathi Reddy, Advs For Respondents: Dushyant A. Dave, Sr. Adv., Sanjiv Sen, R.N. Karanjawala, Nandini Gore, Pragya Baghel, Manik Karanjawala, Sunita Sharma....

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....o levy permitted in law, and the question of realization of the amount did not arise. These interlocutory applications have been filed stating that certain inaccuracies factually have crept in. In fact, certain payments were made and, therefore, the respondents in the Civil Appeals were entitled to refund. 2. In response, learned Counsel for the appellant-State submitted that though it is factu....

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....116)ELT401(SC) . By way of reply learned Counsel for the respondents-applicants submitted that correction is needed in respect of cash payment made and can in no way be related to collections, if any made, which were covered by the bank guarantees furnished. 3. Though respondents have no objection to adjudication of the issue of unjust enrichment so far as the deposits made in cash are conce....

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....the touchstone of the principle of unjust enrichment. 4. We, therefore, dispose of the I.As with the following directions: 1. Within a period of four weeks, respondents shall file an application before the appropriate authority praying for refund of the amount deposited by them; 2. While examining the claim the concerned authority shall keep in view the principles of "Unjust E....