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M/s. Sri Gajalakshmi Oil Mills, Rep by its Proprietor-K. Shanmugam, Vellore District v/s The Assistant Commissioner (CT), Vellore & Another


Company & Directors' Information:- N K OIL MILLS PVT LTD [Active] CIN = U15201GJ1994PTC022669

Company & Directors' Information:- B P OIL MILLS LIMITED [Active] CIN = U15142UP1965PLC003232

Company & Directors' Information:- K P L OIL MILLS PRIVATE LIMITED [Active] CIN = U15142KL1983PTC003685

Company & Directors' Information:- N K B OIL MILLS PRIVATE LIMITED [Active] CIN = U15142KL1999PTC013095

Company & Directors' Information:- K K K OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15142KL2000PTC013621

Company & Directors' Information:- S N OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15142HR1986PTC025702

Company & Directors' Information:- G. B. OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15326HR1985PTC019817

Company & Directors' Information:- R. OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15141DL1992PTC047883

Company & Directors' Information:- J K OIL MILLS COMPANY LIMITED [Strike Off] CIN = U15143UP1955PLC002570

Company & Directors' Information:- N N OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15147MH1999PTC117989

Company & Directors' Information:- J & T OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15141KL2006PTC019754

Company & Directors' Information:- A AND R OIL MILLS PVT LTD [Strike Off] CIN = U15315CH1994PTC014265

    Writ Petition No.27466 of 2012

    Decided On, 31 October 2012

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE M. JAICHANDREN

    For the Petitioner: R. Hemalatha, Advocate. For the Respondents: J. Adithya Reddy, Government Advocate (Taxes).



Judgment Text

(Prayer: Petition filed seeking for a writ of Mandamus, directing the 1st Respondent to return the cheque bearing Nos.502895/10.10.2012 for Rs.5,15,561 and 502894/25.10.2012 for Rs.5,00,000/- for a total sum of Rs.10,15,561/- drawn on Punjab National Bank, Vellore forcibly collected from the petitioner at the time of inspection on 24.09.2012 by the officials of the 2nd Respondent as per the representation made by the petitioner dated 26.09.2012.)

1. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

2. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner had prayed that this Court may be pleased to direct the first respondent to return the cheque bearing No.502895, dated 10.10.2012, for a sum of Rs.5,15,561/- and the cheque bearing No.502894, dated 25.10.2012, for a sum of Rs.5,00,000/- (for a total sum of Rs.10,15,561/-), drawn on Pubjab National Bank, Vellore, to the petitioner, as the said cheques had been obtained from the petitioner forcibly, at the time of inspection, on 24.09.2012.

3. Per contra, the learned counsel appearing on behalf of the respondents had submitted that the cheques concerned shall be returned to the petitioner, if they had not been credited in favour of the respondent department. The total amount of Rs.10,15,561/- would be returned to the petitioner, as per the representation of the petitioner, dated 26.09.2012.

4. In view of the submissions made by the learned counsels appearing on behalf of the petitioner, as well as the respondents, the first respondent is directed to return the cheques bearing Nos.502895, dated 10.10.2012, and 502894, dated 25.10.2012, for a total sum of Rs.10,15,561/-, to the petitioner, within a period of fifteen days from the date of receipt of a copy of this order. In case, the cheques have

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been credited to the account of the respondent department, the said amount shall be refunded to the petitioner, within a period stipulated in this order. The writ petition is ordered accordingly. No costs.
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