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1996 DIGILAW 986 (SC)

HINDALCO INDUSTRIES LTD. v. State Of U. P.

1996-04-23

KULDIP SINGH, S.P.KURDUKAR

body1996
ORDER 1. These special leave petitions are directed against the Division Bench judgment of the Allahabad High Court, dated 10-1-1996. Mis Hindalco Industries challenged the demand amounting to Rs 24,42,49,029.50 by way of a writ petition. The High Court partially allowed the writ petition and disposed of the same in the following terms: "In view of the aforesaid discussions the writ petition partly succeeds. The demand of interest for delayed depositing of electricity duty payable for the period September 1970 to May 1988 as demanded by letter dated 1-12-1989 is directed to be modified within two weeks from today so as to claim interest from the petitioners at the permissible rate from 26-9-1984 on the amount of duty payable till that day as they are not liable to pay interest on the amount of duty payable by them up to 26-9-1984. The petitioners are directed to deposit the interest amount within two months of the service of amended notice of demand. The parties will bear their costs." 2. These SLPs are filed by the Hindalco Industries challenging the judgment of the High Court to the extent it goes against them. We have heard Mr Venugopal, learned Senior Advocate appearing for the petitioner. We see no ground to interfere with the impugned judgment of the High Court. We agree with the reasoning and conclusion reached therein. We are, however, of the view that it would be in the interest of justice to permit the petitioner to pay the amount by way of instalments. We accept the suggestion made by Mr Venugopal that the petitioner shall pay Rs 1,00,00,000 (Rs one crore) per month till the total arrears are paid. The first instalment shall be paid from 15-5-1996. 3. The special leave petitions are dismissed with the above modification. The learned Additional Advocate General appearing for the State of V.P. states that the State Government proposes to file special leave petition against the judgment of the High Court challenging the relief which has been granted to the petitioner. 4. We have heard learned Additional Advocate General. We are, prima facie, of the view that there is no force in any of the contentions raised by the learned Additional Advocate General. As and when the special leave petition is filed by the State, it may be placed before a Bench of which either of us is a member.