Per J.H. Joglekar :

M/s. Sachin Textiles Pvt. Ltd. had filed Appeal No. E/1215/94-D alongwith stay petition No. E/Stay-696/94-D.S. In disposal of the stay application, the appellants were directed to deposit a sum of Rs. 5 lakhs as a precondition to hearing of the appeal. Later, vide Order No. 664/96-D dated 6.11.96 the appeal was allowed. On 16.12.96, the appellants requested the Department to refund the predeposit. The jurisdictional Asstt. Commissioner rejected the claim on the ground that it was barred by limitation. The Commissioner (Appeals) set aside the order holding that the amount deposited in pursuance of CEGAT's order would not fall under the provisions of Sec. 11B of the Central Excise Act, 1944. The appellants on 18.11.98 once again lodged the refund claim. After substantial correspondence and agitation finally on 23.4.99 the claim was sanctioned and the cheque was issued on 24.5.99. The appellants then requested for interest at 15% per annum on the belated refund quantifying the amount at Rs. 2,41,028/-. The Asstt. Commissioner dismissed this application. The dismissal was upheld by the Commissioner (Appeals) on the ground that the issue was not covered under the