Patna High CourtCWJC/3470/2018disposed

M/S Amara Raja Batteries Ltd. v. The State Of Bihar And ORS

2018-02-23The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3470 of 2018 ====================================================== M/s Amara Raja Batteries Ltd. a company incorporated under the Companies Act having its Branch Office at H.No. 6B/19, Asha Niketan, Tilak Marg, North S.K. Puri, Patna- 800001 through it's authorized signatory namely Debnath Mukherjee Son of Shyama Prasad Mukherjee, residence of Uttar Subhashpally, Dankuni, P.S.- Dankuni, District- Hooghly (W.B.)- 712311.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary-cum-Commissioner of Commercial Taxes, Bihar Patna having it's office at Vikas Bhawan, New Secretariat, Patna.

2. The Commissioner of Commercial Taxes, Bihar Patna New Secretariat Bailey Road, Patna.

3. The Commercial Taxes Tribunal Bihar Patna Collectorate Patna through it's Secretary.

4. The Deputy Commissioner of Commercial Taxes, Patliputra Circle, Patna.

5. The Assistant Commissioner of Commercial Taxes, Patliputra Circle, Patna.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gautam Kumar Kejriwal, Advocate : Mr. Mohit Agarwal, Advocate For the State : Mr. Vikash Kumar- SC11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 23-02-2018 Having heard learned counsel for the parties, we find that an the appeal filed by the petitioner is pending consideration before the Commercial Taxes Appellate Tribunal, Bihar, Patna and due to non-availability of the Presiding Officer the appeal and the application for stay is not being taken up. That that view of the matter, we direct that till

Patna High Court CWJC No.3470 of 2018 (2) dt.23-02-2018 2/2 hearing on the appeal by the Tribunal or passing of an appropriate order on the application for stay by the Tribunal, no coercive action in pursuance to the notice, Annexure 4 dated 12.2.2018, shall be kept in abeyance.

With the aforesaid, this application stands disposed of.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) K.C.jha/- U