Excess recovery made by the Department is subject to verification: Supreme Court of India
Case Title: State of Uttar Pradesh & Anr. v. M/s. Vivo Mobile India Private Ltd. & Ors.
Case No: Petition(s) for Special Leave to Appeal (C) No(s). 27106/2023
Decided on: 4th January, 2024
CORAM: THE HON’BLE MRS. JUSTICE B.V. NAGARATHNA & HON’BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
Facts of the Case
In the instant case, the scheme was between March, 2020 to August, 2020, the respondents had sought benefit or extension of the scheme only by one month, that is, September, 2020. The High Court of Judicature at Allahabad has recorded that the respondent(s) herein would be entitled to interest at the rate of 6% per annum on the amount of excess recovery of Rs.11,00,69,010/- from the date of the excess recovery to the date of its actual refund. Learned A.S.G. pleaded that there is no excess recovery made by the Department.
Issue
Whether there is excess recovery of Rs.11,00,69,010/- along with interest at the rate of 6% per annum from the date of the excess recovery to the date of its actual refund made by the Department?
Court’s analysis and decision
The Hon’ble Supreme Court of India has recorded that whether there is excess recovery of Rs.11,00,69,010/- along with interest at the rate of 6% per annum from the date of the excess recovery to the date of its actual refund made by the Department is subject to verification and in the event, there is any excess recovery, the direction of the High Court of Judicature at Allahabad shall prevail. Hence, the special leave petition is dismissed.
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Written by- Afshan Ahmad
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