1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.1105 OF 1990 NO.1105 OF 1990 NO.1105 OF 1990 M/s M/s M/s Electronics Electronics Electronics Corpn.of India Ltd.. Petitioners Corpn.of India Ltd.. Petitioners Corpn.of India Ltd.. Petitioners vs vs vs Union Union Union of India & anr ... of India & anr ... of India & anr ... Respondents Respondents Respondents Mr.Hemang Mr.Hemang Mr.Hemang Engineer i/b Gordhandas & Fozdar & Co Engineer i/b Gordhandas & Fozdar & Co Engineer i/b Gordhandas & Fozdar & Co for for for Petitioners Petitioners Petitioners Ms.S.V.Bharucha Ms.S.V.Bharucha Ms.S.V.Bharucha for Respondents for Respondents for Respondents CORAM CORAM CORAM : Dr.S.Radhakrishnan : Dr.S.Radhakrishnan : Dr.S.Radhakrishnan and and and V.C.Daga, V.C.Daga, V.C.Daga, JJ JJ JJ DATE DATE DATE : : : 27th June, 2007 27th June, 2007 27th June, 2007 P.C. P.C. P.C. 1.1.1. Heard Heard Heard learned counsel for the petitioners learned counsel for the petitioners learned counsel for the petitioners and and and respondents. respondents. respondents. 2.2.2. By this petition, the petitioner is seeking By this petition, the petitioner is seeking By this petition, the petitioner is seeking refund refund refund of Rs.3,23,461/- along with interest from of Rs.3,23,461/- along with interest from of Rs.3,23,461/- along with interest from the the the date of recovery i.e.25th September, 1986 till date of recovery i.e.25th September, 1986 till date of recovery i.e.25th September, 1986 till payment. payment. payment. The above petition has been lodged on The above petition has been lodged on The above petition has been lodged on 28th 28th 28th February, 1990 i.e. after a lapse of more February, 1990 i.e. after a lapse of more February, 1990 i.e. after a lapse of more three three three years. In view thereof, even by way of a years. In view thereof, even by way of a years. In view thereof, even by way of a suit, suit, suit, the petitioner will not be able to claim the the petitioner will not be able to claim the the petitioner will not be able to claim the same. same. same. Over and above, in view of the judgment in Over and above, in view of the judgment in Over and above, in view of the judgment in Mafatlal Mafatlal Mafatlal vs Union of India 1989 ELT 247 S.C. such vs Union of India 1989 ELT 247 S.C. such vs Union of India 1989 ELT 247 S.C. such a petition for refund is not maintainable. Hence, petition for refund is not maintainable. Hence, petition for refund is not maintainable. Hence, rule rule rule stands discharged. stands discharged. stands discharged. (V.C.Daga, (V.C.Daga, (V.C.Daga, J) J) J) (Dr.S.Radhakrishnan, (Dr.S.Radhakrishnan, (Dr.S.Radhakrishnan, J) J) J) 2