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2024 Supreme(Jhk) 128

RONGON MUKHOPADHYAY, DEEPAK ROSHAN
Orissa Manganese and Minerals Limited, through its authorised signatory Niraj Kumar Gupta – Appellant
Versus
Commissioner, Central Goods and Service Tax and Central Excise, Jamshedpur – Respondent


Advocates Appeared:
For the Petitioner: Mr. Indrajit Sinha, Adv., Mr. Kumar Vaibhav, Adv.
For the Respondents: Mr. Amit Kumar, Adv.

JUDGMENT :

Deepak Roshan, J.

Heard learned counsel for the parties.

2. The petitioner has preferred the instant writ application for the following reliefs:

    (a) For quashing the order dated 25.04.2023 bearing DIN- 20230460XX000000BC3C (Annexure-11 hereto) whereby the refund application made by the Petitioner seeking refund along with interest of a pre-deposit amount of Rs. 50,00,000 & Rs. 1,56,31,698 [totalling to Rs. 2,06,31,698) made in Excise Appeals preferred by the Petitioner before the CESTAT, Kolkata has been rejected;

(b) Upon quashing the aforesaid order dated 25.04.2023, for a direction upon the Respondents to immediately and forthwith refund the aforesaid pre-deposit amount of Rs. 2,06,31,698 to the Petitioner together with applicable statutory interest;

3. The brief facts of the case are that the petitioner has preferred four appeals before the CESTAT against the aforesaid Orders-in-Original. On 10.03.2015, the petitioner made a pre-deposit of Rs. 1,56,31,698/- in CESTAT. Further, the Petitioner also made a pre-deposit of Rs. 50,00,000/- in CESTAT.

In the meantime, a petition against the Petitioner under section 7 of the Insolvency & Bankruptcy Code, 2016 was admitted by t

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