Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
WEDNESDAY, THE 27TH DAY OF JUNE 2018 / 6TH ASHADHA, 1940
Con.Case(C).No. 1618 of 2017 IN WPC. 30472/2015
AGAINST THE JUDGMENT IN WP(C) 30472/2015 of HIGH COURT OF KERALA DATED
14-12-2016
PETITIONER/PETITIONER
S.SADANANDAN
KOLARAKKAL HOUSE, ELATHUR P.O, CALICUT - 673 303.
BY ADV.SRI.C.P.MOHAMMED NIAS
RESPONDENTS/RESPONDENTS 3 AND 4:
1. BHUVNESH KUMAR TIWARI
AGED 30 YEARS,(FATHER'S NAME NOT AVAILABLE TO THE
PETITIONER)
THE ASSISTANT COMMISSIONER OF CENTRAL EXCISE & SERVICE
TAX, SOUTH EXTENSION DIVISION, IIIRD FLOOR, 14-15, FARM BHAVAN,
NEHRU PLACE, NEW DELHI - 110 019.
2. J.T RADHAKRISHNA,
AGED 50 YEARS,(FATHER'S NAME NOT AVAILABLE TO THE
PETITIONER)
THE AIRPORT DIRECTOR, AIRPORTS AUTHORITY OF INDIA,
CALICUT INTERNATIONAL AIRPORT, CALICUT - 673 635.
R1 BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL
R2 BY ADV. SRI.S.SUJIN
Y SMT.PREETHA S. NAIR, SC, CENTRAL BOARD OF EXCISE & CUSTOMS
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 27-06-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Con.Case(C).No. 1618 of 2017
APPENDIX:
PETITIONER'S ANNEXURES:
ANNEXURE 1: CERTIFIED COPY OF THE JUDGMENT DATED 14.12.2016 OF THIS HON'BLE
COURT IN WPC NO.30472/2015.
ANNEXURE 2: TRUE COPY OF THE REQUEST DATED 25.01.2017 SENT BY THE 2ND
RESPONDENT.
ANNEXURE 3: TRUE COPY OF THE NOTICE DATED 15.06.2017 SENT BY THE PETITIONER.
RESPONDENTS'S ANNEXURES:
ANNEXURE R1(a):
TRUE COPY OF OFFICE ORDER NO.14/2017 DT 23.6.2017.
ANNEXURE R1(b):
TRUE COPY OF POSTING ORDER NO.8/2015 DATED 13.5.2016.
ANNEXURE R1(c):
TRUE ENGLISH TRANSLATION OF ANNEXURE R1(b):.
ANNEXURE R1(d):
TRUE COPY OF TRADE NOTICE 02/2014 DATED 1.10.2014 ISSUED BY
THE OFFICE OF CHIEF COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX, DELHI.
ANNEXURE R1(e):
TRUE COPY OF LETTER OF AIRPORT AUTHORITY OF INDIA DELHI DATED
21.2.2018.
ANNEXURE R1(f):
TRUE COPY OF REPLY DT 22.2.2018 FROM SUPERINTENDENT (R-174)
DIVISION SOUTH EX.GST, EST.DELHI.
ANNEXURE R1(g):
TRUE COPY OF REPLY DATED 22.2.2018 OF SUPERINTENDENT, REFUND
GROUP 'A' SOUTH EX DIVISION.
ANNEXURE R1(h):
TRUE COPY OF REPLY 21.2.2018 OF ASST.COMMISSIONER (DIV) SOUTH
EX DIVISION.
ANNEXURE R1(i):
TRUE COPY OF THE ORIGINAL NO.17/GST/DIV-SX/REFUND/2017 DATED
6.3.2018.
ANNEXURE R1(j):
TRUE COPY OF PAYMENT ADVICE TO THE BANK DATED 7.3.2018.
ANNEXURE R2(a):
TRUE COPY OF THE LETTER DATED 25.01.2017 ISSUED BY THE 2ND
RESPONDENT TO THE 1ST RESPONDENT.
ANNEXURE R2(b):
TRUE COPY OF THE LETTER DATED 05.04.2017 OF THE 2ND RESPONDENT
TO THE 1ST RESPONDENT.
ANNEXURE R2(c):
TRUE COPY OF THE LETTER DATED 21.02.2018.
ANNEXURE R2(d):
TRUE COPY OF THE BANK COUNTERFOIL.
Rp
//True Copy//
PS to Judge
A.M. SHAFFIQUE, J.
===============
Contempt Case (C) No. 1618 of 2017
========================
Dated this, the 27th day of June, 2018
J U D G M E N T This contempt case has been filed alleging that the directions issued by this Court have not been complied with. An affidavit has been filed by the 1st and 2nd respondent inter alia stating that the said amount had been refunded which had been acknowledged by the petitioner. Learned counsel for the petitioner however would submit that some more amounts are due as interest. In fact, there is no such direction to pay interest. If at all the petitioner is entitled for the same, it gives rise to a fresh cause of action. A case of wilful contempt had not arisen in the matter on account of the payment made by the respondents.
Contempt case is therefore closed. A.M. SHAFFIQUE, JUDGE Rp //// PS to Judge
