IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11023 of 2011 Ram Naresh Sikaria S/O Sri Shambhu Nath Sikaria R/O Radha Nagar, P.S.- Motihari, Distt.- East Champaran(Bihar) … Petitioner Versus 1. The Union Of India Through The Chief Commissioner Of Customs,New Customs House,Near I.G.I. Ariport, New Delhi 2. The Commissioner Customs (Appeals), New Customs House, New Delhi-110037 3. The Commissioner Customs , Inlan Container Depot, Tuglakabad, New Delhi-110020(Special Investigation And Intelligence Branch) 4. The Joint Commissioner Customs, Inland Container Depot, Tugalakabd, New Delhi-110020(Special Investigation And Intelligence Branch) 5. The Assistant Commissioner (Refund),Inland Container Depot, Tuglakabad, New Delhi-110020 6. The Superintendent Of Customs (Special Investigation And Intelligence Branch), Inlan Container Depot, Tuglakabad,New Delhi- 110020 …Respondents ------------- For the Petitioner : Mr. Shri Prakash Tewari, Advocate For the Respondents : Mrs. Archana Sinha, Standing Counsel ------------ 10/ 14.11.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for the following reliefs :- (a) The concerned respondents be directed to Refund the amount of Duty/Penalty/Fine deposited by the petitioner to the tune of Rs.3,35,250/- vide TR-6 Challan No. 98469488 dated 16.12.2008 pursuant to an order of the Appellate Authority (respondent no.2), passed in Order-in-Appeal No. CC(A) Cus./ICD/132/2009 dated 19.05.2009, whereby and whereunder the order passed by the Joint Commissioner of Customs, ICD, Tugalakabad, New Delhi (Respondent no.4) in the Note-sheet dated 2 01.12.2008 in respect of Assessment of Bill of Entry No. 745577 dated 12.11.2008 has been set aside and the Appeal preferred by the petitioner (appellant) has been allowed with consequential relief. (b) The concerned respondent be further directed to pay 12% interest on the total refund amount i.e. Rs.3,35,250/- from the date of its deposit till the date of its final payment/Refund. (c) Any other relief/reliefs to which the petitioner deemed fit and entitled be given to him. 3. The said claim of the petitioner was contested by the respondents, who filed a detailed counter affidavit on 14.09.2011. In addition to that they have filed a supplementary counter affidavit today in which photo copy of a cheque bearing no. 604296 dated 01.11.2011 is annexed, which shows that the aforesaid amount of Rs.3,35,250.00 has already been paid to the petitioner. 4. Learned counsel for the petitioner submits that the said payment is only part redressal of his grievance as he had also claimed 12% per annum interest on the aforesaid amount from the date of deposit till the date of refund, but the said interest has not been paid although there are specific decisions of the Apex Court in case of Northern Plastics Limited vrs. Collector of Customs and Central Excise, reported in 1999 (113) E.L.T. 3-(S.C.). 5. On the other hand, learned counsel for the respondents submits that the said order was passed in a case of inordinate delay but here there is no question of any delay as the appellate authority has passed order dated 19.05.2009 and, thereafter, the petitioner had filed his refund claim with related 3 documents on 04.06.2010. The said order of the Commissioner (Appeals) has been accepted by the Committee of the Commissioners on 26.02.2010. She also states that after considering the aforesaid order and the claims raised by the petitioner, the authorities have already paid the principal amount to the petitioner and hence the petitioner is not entitled to any interest. 6. However, considering the facts and circumstances of this case, this writ petition is disposed of with a liberty to the petitioner to approach the Commissioner, Customs, Inland Container Depot, Tuglakabad, New Delhi (respondent no.3) along with an application giving details of his claim of interest on the abovementioned amount. If such an application is filed by the petitioner within four weeks from today along with a copy of this order, the said authority shall decide the same in accordance with law by a speaking order within four months thereafter keeping in view the specific provisions of law and the principles of law settled by various judicial pronouncements. MPS/ ( S. N. Hussain, J.)