JUDGMENT

Arijit Pasayat, J.—These applications are filed by respondents, in the appeals filed by the State of Uttar Pradesh i.e. Civil Appeal Nos. 5416-5424 of 2000. State’s appeals were dismissed by a judgment of this Court reported in State of U.P. & Ors. v. Vam Organic Chemicals Ltd. and Others (2004(1) SCC 225.). In paragraph 46 of the judgment it was noted that no payment had been made by the respondents in view of various orders of stay passed by the High Court and this Court and in fact certain Bank Guarantees were furnished pursuant to the directions of the High Court and this Court. In that background this Court noted in the said paragraph that there was no question of any refund as there was no levy permitted in law, and the question of realization of the amount did not arise. These interlocutory applications have been filed stating that certain inaccuracies factually have crept in. In fact, certain payments were made and, therefore, the respondents in the Civil Appeals were entitled to refund.

2. In response, learned counsel for the appellant-State submitted that though it is factually correct that certain payments were made, but this Court has rightly held that the respon