2022 (7) TMI 867

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....au of Investigation being the 2nd respondent herein and to refund the amount excessively debited from the Electronic Credit Ledger Account of the petitioner on March 7, 2022. 2. Mr. Choraria, learned Advocate for the petitioner upon instructions from his client submits that he has instructions not to press the relief claimed in prayer (a) to the writ petition, which runs as follows:- "(a) A Writ of and/ or order and /or direction in the nature of Mandamus commanding the respondents, their servants and/or agents to forthwith withdraw, recall, cancel and / or rescind the impugned Orders dated 03.12.2021 passed by Respondent Nos.2 and to refrain from taking any adverse actions against the said orders till the disposal of the said a....

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....rms of sub-Section (6) of the said Section, the recovery proceedings for the balance amount shall be deemed to be stayed. Thus, according to Mr. Choraria, the respondent authorities acted illegally and arbitrarily by debiting the aforesaid amount from the electronic credit ledger account of the petitioner. He further submits that the petitioner is suffering severe prejudice as he is being prevented from utilizing the balance in his electronic credit ledger account though, as per law, he is entitled to utilize the same. 6. Mr. Saha, learned Additional Government Pleader duly assisted by Mr. Ghosh, learned Advocate appears for the State and submits that the petitioner preferred the appeal after expiry of the statutory period of limitation ....