M/S. Patil Rail Infrastructure Private Limited And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2946 of 2017 ===========================================================
1. M/s. Patil Rail Infrastructure Private Limited through its authorized signatory Mr. Ajay Jha, Sabalpur, Didarganj, Patna.
2. Ajay Kumar Jha, son of Sri Raj Kishore Jha, resident of Quarter No.1514, Sector- 1B, Bokaro Steel City (Jharkhand).
.... .... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Department of Finance, Patna, Bihar.
2. The Assistant Commissioner of Commercial Tax, East Circle, Patna City, Patna.
3. The Joint Commissioner of Commercial Taxes (Appeals), East Division, Patna.
4. The Deputy Commissioner of Commercial Taxes, East Circle, Patna City, Patna.
5. IDBI Bank through its Branch Manager, Basheerbagh, Mahaveer House, Basheer Bagh Square, Hyderabad-500029, Telangana. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Sandeep Kumar, Advocate Mr. Utsav Kumar, Advocate Mr. Saurav Kumar, Advocate For the State : Mr. Lalit Kishore, PAAG-1 Mr. Vikash Kumar, SC-11 =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE And HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 22-02-2017 This Court has passed an order on the basis of statement of learned counsel for the petitioners that pre-deposit of the statutory
Patna High Court CWJC No.2946 of 2017 dt.22-02-2017 2/3 amount shall be paid within three days. In view of the said statement, the Appellate Authority was directed to consider the application for stay in accordance with law and that for three days; the Appellate Authority was directed not to proceed with attachment of the Bank Account of the petitioner.
Learned counsel for the petitioners states that 20% of the amount necessary for filing of appeal has been deposited, but the application for stay has not been decided which fact is controverted by Mr. Lalit Kishore, learned Principal Additional Advocate General. It is stated that an order has been passed granting conditional stay. The grievance of the petitioners is that the Bank Account which was ordered to be kept in abeyance has not been properly communicated to the Bank as the communication dated 04.02.2017 does not contain any Account Number of the petitioners. We find the contention of the petitioners to be wholly misconceived. The communication dated 04.02.2017, the photo copy of which has been produced by the petitioners, shows that it is in continuation of the letter no.12 dated 16.01.2017, 42 dated 19.01.2017 and 43 dated 19.01.
2017 and all these letters contain Bank Account of the petitioners.
Patna High Court CWJC No.2946 of 2017 dt.22-02-2017 3/3 Authority.
We do not find any merit in the present writ application. The same is dismissed.
(Hemant Gupta, ACJ) (Sudhir Singh, J) Sunil/- AFR/NAFR N. A. F. R CAV DATE N. A.
Uploading Date 01.03.2017 Transmission Date