SHRI VALLABH GLASS WORKS LTD. AND ANOTHER Vs. SHRI P.A. THAKER AND OTHERS
LAWS(SC)-1982-3-30
SUPREME COURT OF INDIA
Decided on March 15,1982

Shri Vallabh Glass Works Ltd. And Another Appellant
VERSUS
Shri P.A. Thaker And Others Respondents

JUDGEMENT

- (1.) ''After having heard learned counsel for the parties we are clearly of the opinion that in view of the judgment of the High Court which has now become final and further having regard to the fact that the second writ petition which was filed by the petitioner was partly allowed, the total amount to be refunded comes roughly to Rs. 35,84,115.84p. The claim of the State for deduction of packing has been disallowed even in the second writ filed by the petitioner. Mr. Sorabjee states that the appellants are entitled to refund of Rs. 32 lakhs straightway subject to further adjustments which may be made later on. We, therefore, direct the 4th respondent to pay a sum of Rs. 32 lakhs within four weeks from today peremptorily. This will however, not preclude the 4th respondent from claiming adjustments in respect of Grinding, Branding, Strapping and hole faking and other claims without prejudice to the rights and contentions of the parties. The appeal is disposed of accordingly with no order as to costs.;


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