Progressive Construction Ltd. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.422 of 2019 ====================================================== Progressive Construction Ltd. an incorporated company registered under the provisions of the Companies Act 1956 having its registered office at 7th Floor, Raghav Ratna Towers, Chirag Ali Lane, Abids, Hyderabad-500001, through its authorised representative namely Nageswara Rao Korrapati, male, aged about 42 years, son of Late Seshaiah, resident of 3-94, P.O.-K. Takkellapadn, P.S. N.G. Padu, Kothakota, District- Prakasham, Andhra Pradesh ... ... Appellant/s

Versus

1.

The State of Bihar through the Principal Secretary Cum Commissioner, Department of Commercial Taxes, New Secretariat, Bailey Road, Patna 2.

The Principal Secretary Cum Commissioner, Department of Commercial Taxes, New Secretariat, Bailey Road, Patna.

3.

The Additional Commissioner of Commercial Taxes, (Appeals) Tirhut Division, Muzaffarpur.

4.

The Joint Commissioner of State Taxes Muzaffarpur Commercial Taxes Circle (West), Muzaffarpur.

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

For the Appellant/s :

Mr. Gautam Kumar Kejriwal, Advocate For the Respondent/s :

Mr. Vikash Kumar (Sc11) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 17-01-2020 Heard learned counsel for the appellant and the respondents.

Appellant has prayed for the following relief/reliefs: "(a) For setting aside the impugned order dated 29.04.2019 passed by learned Commercial Taxes Tribunal in Appeal Case No. MZ-116 of 2018.

(b) For grant of any other relief or reliefs to which the petitioner is found entitled to in the facts and

Patna High Court MA No.422 of 2019(2) dt.17-01-2020 2/2 circumstances of the case."

Learned counsel for the appellant seeks permission to withdraw the present appeal with liberty to agitate the claim raised in this appeal by filing a fresh appeal. The appeal is accordingly disposed of with the liberty aforesaid.

(Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) uday/- U