VidhiSangh

Supreme Court of India · 25/03/2022

STATE OF U.P. THR. SECRETARY AND ORS. versus PREM CHOPRA

[2022] 2 S.C.R. 990 · 2022 INSC 346

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Summary

The State challenged an order relieving a liquor licensee of interest on overdue licence fees because recovery had been stayed. The Court held that a stay suspended recovery without extinguishing the demand or preventing voluntary payment. Interim protection did not eliminate interest liability after the proceedings were dismissed. The High Court order was set aside, with liberty to seek consideration under the 2021 one-time settlement scheme.

Issues

  1. Whether an interim stay of recovery excused statutory interest on licence-fee arrears.
  2. What relief was available under the one-time settlement scheme.

Provisions considered

Held

Result

State’s appeal allowed and the High Court order set aside. The respondent was permitted to apply under the 2021 one-time settlement scheme within eight weeks for consideration according to law. No costs.

Judgment PDF: Supreme Court of India, [2022] 2 S.C.R. 990.