Lawstreet Journal

State cannot act in a Shylockian manner and squeeze money from its citizens: Kerala HC [READ JUDGMENT]

Lawstreet Journal 5 Feb 2021 12:30am

Image courtesy: Lawstreet Journal Judiciary State cannot act in a Shylockian manner and squeeze money from its citizens: Kerala HC [READ JUDGMENT]

The Kerala High Court bench comprising of Justice N. Nagaresh on Tuesday ( February 3, 2021) stated that “The State and its authorities could not act in a Shylockian manner and squeeze money from its citizens” while observing State’s failure to return the money paid twice for a certain due by the Petitioners in the case of M/s. Seahorse Ship Agencies Pvt. Ltd. Vs. Union of India & Ors.

FACTS OF THE CASE:

The petitioner who was a shipping Agent of the vessel M. V. Cape Chronos, was seeking an intervention from the Court in order to obtain a refund for a payment made twice by them for certain ‘light dues’ to the Director General of Lighthouses and Lightships (DGLL). 

According to the agent, an online payment was made on the first attempt, but the web portal failed to generate a receipt and so the petitioner believed that the first payment made was not successful. The Petitioner manually paid the amount in the second attempt believing that the first online payment was not successful. On the following day the Petitioner received a receipt confirming the online payment. The Petitioner had made duplicate payments in 2016 but efforts to recover the same were made in 2018 and so the DGLL refused to refund the amount as it was beyond the period of limitation. Hence the Petition filed a writ petition to recover the amount Of 6,33,144 rupees paid twice by them.

ARGUMENTS BY PETITIONER:

The counsel for the petitioner submitted that the dual payment made by the petitioner… Continue Reading...


Tagged: kerala high court  
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