2025 (9) TMI 1644

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....e Petitioner and Mr. Mishra, learned counsel for Respondent No. 1. 2. Rule. The Rule is made returnable immediately at the request and with the consent of learned counsel for the parties. 3. Mr Kothari, on instructions, states that relief in terms of prayer clause (a) is not being pressed. The Petitioner only presses for relief in terms of prayer clauses (b) and (c), which read as follows:- "b) That this Hon'ble Court be pleased to issue a writ of Mandamus or a writ in the nature of Mandamus, directing Respondent No. 1 and 2 to refund the amount of Rs. 2,94,206/- with interest at 18% per annum from the date of wrongful recovery until repayment; c) That this Hon'ble Court be pleased to Order and direct Respondent No. ....

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....No. 539130 dated 30 April 2024 towards discharge of the liability of Rs. 11,50,331/-. He states that even this leaves a balance of Rs. 4,32,785/-. He submitted that even if it is assumed that there was some confusion regards mentioning of the PAN number of the third Respondent, still there can be no dispute about the Petitioner being liable to pay a total amount of Rs. 11,50,331/- and upon adjustment of the two amounts paid by the Petition i.e. Rs. 7,17,546, still, an amount of Rs. 4,32,785/- is due and payable by the Petitioner. Therefore, Mr Mishra submitted that no relief may be granted to the Petitioner in this Petition. 7. We have considered the rival contentions. 8. The address of notice of demand dated 31 August 2018 to the Pet....

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....e Petitioner has admitted to the dues of Rs. 11,50,331/- as the amount being due to the Respondents, which includes principal amount of Rs. 2,88,879/- and the interest amount and the balance towards interest @18% or 15% per annum on compounding basis. If the Respondents assert that this amount is due, it is always open to them to initiate appropriate proceedings and recover the same from the Petitioner in accordance with law. 12. However, it cannot be disputed that the recovery of Rs. 2,94,206/- by quoting the PAN number of the 3rd Respondent was illegal and improper. In these circumstances, the Respondents must refund the amount of Rs. 2,94,206 to the Petitioner, along with interest, which we have calculated at 9% per annum from 8 Novem....