- (1.) The appeal has been listed for orders on office report that paper book required to be submitted by the appellant has not been submitted. The learned counsel for the appellant states that they have already filed the paper books.
(2.) However, we shall presently notice that necessity of paper book in the present case is not required inasmuch as no dispute of fact is required to be gone into and only question that is required to be considered in this appeal is that whether the learned single Judge was justified in refusing refund of cess deposited by the petitioner-appellant under the orders of the Court and subject to condition of the order. The learned single Judge denied refund on the principle of unjust enrichment.
(3.) The parties have agreed that the appeal may be heard finally.;