ORDER
1. By means of the present writ petition filed under Article 226 of the Constitution of India, petitioner M/s. Hamdard (Wakf) Laboratories, Ghaziabad seeks the following relief :
The petitioner is a Wakf and is engaged in the business of manufacture and sale of various items including Rooh Afza which is non-sweetened alcoholic beverage and has been classified by it under the sub-heading 2201.90 of the Schedule to the Central Excise Tariff Act, 1986 (hereinafter referred to as "the Tariff Act") The respondents did not accept the classification claimed by the petitioner and their contention was that it is classifiable under the sub-heading 2107.90 of the Tariff Act. Steps were taken for recovery of differential duty and on that basis the petitioner started paying the duty as demanded under protest without charging it from its customers. The petitioner has relied upon the decision of the Apex Court in Civil Appeal No. 7766 of 1995 decided vide judgment and order dated 4th August 1999 , in which it was held that the Rooh Afza is classifiable under the Heading 2201.90. It has been stated by Sri Hari Shanker, learned Counsel appearing on behalf of the petitioner that subsequently by an order dated 9-4-2000 the Apex Court corrected its earlier order dated 4th August, 1999 and substituted the Heading 2201.90 to 2202.90. The Apex Court vide order dated .... August, 1999 had also granted all consequential reliefs to the petitioner. After the decision of the Apex Court, referred to above, the petitioner preferred an application for the refund of a sum of Rs. 3,74,00,000/- which had been paid under protest. The claim for refund was filed on 25th August, 1999 and after certain queries were raised, the claim was ultimately decided by the Assistant Commissioner of Central Excise, Division-I, Ghaziabad vide order dated 16th November, 2000. The claim for refund was found in order and, therefore, the Assistant Commissioner of Central Excise, Division-I, Ghaziabad had sanctioned a refund of Rs. 3,74,00,000/-. A cheque No. 639866, dated 15th November, 2000 payable to Punjab National Bank, Navyugh Market, Ghaziabad was also issued for the settlement of the above refund which the petitioner had accepted. However, the petitioner by means of the present writ petition is claiming interest on the delayed refund in terms of Section 11BB of the Central Excise Act, 1944 (hereinafter referred to as "the Act").
3. We have heard Sri. C. Hari Shanker, learned Couns