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2023 Supreme(Del) 5537

VIBHU BAKHRU, AMIT MAHAJAN
Sapphire Intrex Limited – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr. Yogendra Aldak & Mr. Kunal Kapoor, Advocates, for the Petitioner.
Mr. Piyush Beriwal, Advocate for R2 to4.
Mr. Vinish Phogat, Advocate for R1.

JUDGMENT

Amit Mahajan, J.

1. The petitioner has filed the present petition, inter alia, praying as under:

    "a) Issue a writ of mandamus or any other appropriate writ or order or direction in the nature thereof, directing the Respondents to refund an amount of Rs. 2,30,00,000/-, which was coercively recovered by them from the Petitioner, along with interest from the date of payment to the date of refund; and/or

    b) Alternatively, issue a writ of certiorari or any other appropriate writ or order or direction in the nature thereof, quashing the impugned deficiency memo bearing C. No. GST EAST/MCIE/R-161/Refund/Sopphire Intrex Ltd/271/2022 dated 22.08.2022 (enclosed as ANNEXURE-1 to the writ petition) issued by the Respondent No. 2; and/or

    c) Issue a writ of certiorari or any other appropriate writ or order or direction in the nature thereof, quashing the impugned deficiency memo bearing C. No. GST EAST/MCIE/R-161/Refund/Sopphire Intrex Ltd/272/2022 dated 22.08.2022 (enclosed as ANNEXURE-2 to the writ petition) issued by the Respondent No. 2; and/or

    d) Issue a writ of certiorari or any other appropriate writ or order or direction in the nature thereof, quashing the impugned letter bearing C. N

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