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2018 Supreme(Online)(KER) 64532

HIGH COURT OF KERALA
SHAJI P.CHALY, J
M/S MARUTHI POLY BAGS PVT LTD – Appellant
Versus
M/S KERALA STATE CIVIL SUPPLY CORPORATION LIMITED    Advocate - SRI R LAKSHMI NARAYAN, SC, SUPPLYCO ,SRI R LAKSHMI NARAYAN, SC, SUPPLYCO – Respondent


JUDGMENT

This writ petition is filed by the petitioner seeking direction to respondents 1 and 2 to disburse an amount of Rs.12,31,915/- to the petitioner being the arrears of Excise Duty due for goods supplied pursuant to Ext.P1 tender secured by the petitioner. Material facts for the disposal of the writ petition are as follows:

2. Petitioner had participated in Ext.P1 tender floated by the 1st respondent, and being the lowest bidder, petitioner was awarded with the said contract. As per the agreement, petitioner had undertaken to provide Polypropylene Bags and Grocery bags at the processing rate of Rs.14.49/- per kg., inclusive of all taxes and Government Duties. While so, during the month of March, 2016, pursuant to the Financial Budget introduced, Government of India increased the rate of Basic Excise Duty for final product of Polypropylene Bags from the existing 12.5% to 15% with effect from 01.03.2016. On account of the said change, as the rate quoted by the petitioner and which was agreed upon by the 1st respondent would increase by 2.75% as the excise duty for production cost value would also increase by .25% apart from the increase in rate of excise duty by 2.5% for the fin

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