D.N.PATEL,J - (1.) This Civil Miscellaneous Petition has been preferred with the following prayers: "9. That if the prayer as made in this application is not allowed the petitioner shall suffer irreparable loss and injury. In view of above and in the interest of justice, the Applicant through this Application prays that: Revive and restore the Writ Petition No.992 of 2003 titled as Tinplate Company of India Ltd. vs. State of Jharkhand and Ors. To its original number, as filed before this Hon'ble Court, to be take up for hearing and disposal on merits, in accordance with law; and Pass such further and other orders, including orders as to consequential reliefs, as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case." (Emphasis supplied.
(2.) This applicant had preferred a writ petition being W.P (T. . No.992 of 2003 challenging the order passed by the Commissioner of Commercial Taxes dated 8th February, 2003 whereby an order passed by the Joint Commissioner of Commercial Taxes dated 10th August, 2002 was taken for revision and the Joint Commissioner of Commercial Taxes' order of refund of the amount of sales tax was revised to the effect that this applicant was entitled to refund of lesser amount than what was given by the Joint Commissioner of Commercial Taxes. The amount of refund, reduced by the Commissioner of Commercial Taxes vide order dated 8th February, 2003 is approximately Rs.3.28 Crores.
(3.) This applicant had challenged the order passed by the Commissioner of Commercial Taxes dated 8th February, 2003 for getting further refund of Rs.3.28 Crores as a principal amount. W.P (T. No.992 of 2003 was based upon an order passed by the Division Bench of this Court in C.WJ.C. No.2857 of 2000 which was allowed in favour of this applicant vide order dated 10.05.2002.;