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Writ petition against Order passed with biased mind is maintainable
Case Law Details
- Case Name
- DBOI Global Service (P.) Ltd. Vs Union of India
- Appeal Number
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- All High Courts
DBOI Global Service (P.) Ltd.
Versus
Union of India
J.P. DEVADHAR and M.S. SANKLECHA, JJ.
WRIT PETITION NO. 10327 OF 2012
NOVEMBER 1, 2012
JUDGMENT
J.P. Devadhar, J. – Heard. Rule, returnable forthwith. By consent, the petition is taken up for final hearing.
2. This writ petition is filed to challenge the order in original dated 12th September, 2012 whereby the refund claim of the petitioner for the period from April, 2011 to June, 2011 has been rejected.
3. The grievance of the petitioner is that in the impugned order dated 12th September, 2012 even after recording the submission of the...
This is really encouraging to see that the Hon’ble High Court has appreciated the bias in the order and has set aside the order without forcing the petitioner to go through the time taking procedure of filing appeals in different fora and still being deprived off the amount due to him legimately.
such callous pro-revenue orders discourage the genuine entrepreneurs and MNCs to enter in business in India which in long run is going to be fatal for industrial & economical growth of our beloved nation. However there is always a silver lining like this order.
Rgds,
Ashok