The Excise Commissioner rejected the application for renewal on 4.9.2002 on the ground that the licence had become defunct a decision which was upheld by the State Government.
Acting in accordance with the Single Judges directions the Excise Commissioner granted the licence and raised a demand of only the proportionate licence fee which was duly deposited but the matter was brought before the Division Bench in the subject Appeal.
910 of 2000 reversing the detailed Judgment of the learned Single Judge.
This was obviously for the immediately succeeding year 1.4.2001 to 31.3.2002.
The Appellant preferred an Appeal, and on the first day of its hearing, the Division Bench passed an ad interim Order directing the Appellant to pay pic15 lakhs.
Consequently, the Appellant filed O.P. number 18145 of 1994, which was allowed by the Single Judge.
In these circumstances, the Appellant successfully approached the High Court of Kerala which issued a direction to the State Government to issue the licence within two weeks.
Shortly after making this payment, on 25.3.2003, the licence was renewed.
On 23.11.1994, the Respondent rejected the Appellants application for the FL3 licence due to an amendment to the Foreign Liquor Rules which had resulted in private parties being ineligible for FL3 licences.
In an ensuing Appeal, the District Judge granted an ad interim injunction on 15.4.1994, which came to be vacated on 3.6.1994.
However, the legality of the demand to pay the fee for the entire year, despite the truncated period of user by the Appellant for numberfault ascribable to her is what has been brought into question before us.
Failure to do so shall render the Respondent State liable to refund the aforementioned sum of pic9,41,257/ together with interest at the rate of twelve per cent per annum calculated from 11.8.2005 till the date of payment and also additionally liable for payment of companyts quantified at pic15,000/ Rupees fifteen thousand only .
The Single Judge simultaneously directed the Appellant to pay the licence fee for the years 2001 2002 and 2002 2003 by his Judgment dated 27.1.2003.
The Respondent State shall, within six weeks from today, refund to the Appellant the balance amount of pic 9,41,257/ together with interest thereon at the rate of six per cent per annum with effect from 11.8.2005.
VIKRAMAJIT SEN, J. CIVIL APPEAL NO.2246 OF 2006 1 This Appeal calls into question a brief Judgment passed on 21.7.2005 by the Division Bench of the High Court of Kerala in W.A. No.
It is the admitted case that in order to avail of this indulgence and advantage the balance amount has been duly paid.
