IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1351 OF 1993 WRIT PETITION NO.1351 OF 1993 WRIT PETITION NO.1351 OF 1993 Hindusthan Ciba Geigy Ltd ... Petitioner vs The Union of India & ors .. Respondents Ms.Priti A.Dhotre i.b M.M.Legal Associates for Petitioner. Mr.R.Asokan for Respondents .. CORAM: F.I.Rebello and CORAM: F.I.Rebello and CORAM: F.I.Rebello and J.H.Bhatia, JJ J.H.Bhatia, JJ J.H.Bhatia, JJ DATED: 4th May,2009 DATED: 4th May,2009 DATED: 4th May,2009 P.C. P.C. P.C. 1. This petition is directed against an order dated 29th June, 1993 made under section 269 UD(1) of Income Tax Act, 1961. The parties are at idem that the property has been sold and the petitioner have received the consideraion. 2. The entire dispute is in respect of two amounts one being Rs.1,04,502/- which is the discounting amount and a sum of Rs.1,50,000/- towards the petitioner’s share of transfer charges which was retained by respondent nos.2 to 4. 3. In so far as the discounting amount is concerned in the sum of Rs.1,04,502/- in view of the order of this Court, in Rameshbhai J.Patel vs. Rameshbhai J.Patel vs. Rameshbhai J.Patel vs. Union of India 247 ITR 182 (S.C.) Union of India 247 ITR 182 (S.C.) Union of India 247 ITR 182 (S.C.) the petitioner would not be entitled to the said amount. 4. However, in so far as the transfer caharges ae concerned in the sum of Rs.1,50,000/- in view of the judgment of this Court in Polycom Papers Ltd Polycom Papers Ltd Polycom Papers Ltd vs Union of India 253 ITR 182 (Bom) vs Union of India 253 ITR 182 (Bom) vs Union of India 253 ITR 182 (Bom) and upheld by Supreme Court, the petitioner would be entitled to refund of the said amount. That amounnt is pursuant to the order of this Court dated 22nd October, 1993 was directed to be invested in a fixed deposit of a nationalised bank. 5. On the petitioner producing a certified copy of this order, the appropriate authority before whom the amount is deposited to refund the said amount at any rate not later than 12 weeks from today. Rule made partly absolute accordingly. However, there will be no order as to costs. { J.H.Bhatia, J } { F.I.Rebello, J } { J.H.Bhatia, J } { F.I.Rebello, J } { J.H.Bhatia, J } { F.I.Rebello, J }