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High Court Of ChhattisgarhWPT/52/2015dismissed

M/S Shree Rajendra Engineering And ANR v. Union Of India And ORS.

2015-04-15Hon'Ble The Chief Justice,Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (T) No. 52 of 2015

1. M/s. Shree Rajendra Engineering Enterprises a partnership firm Near LMVA Sub-Station, Sector-5, P.O. Balco Township Korba (C.G.) through its partner Rajendra Sharma S/o Late Narayan Sharma, aged about 63 years, resident of near LMVA Sub Station, Sector 5, Balco Nagar, Korba Chhattisgarh.

2. Rajendra Sharma S/o Late Narayan Sharma, aged about 63 years, Resident of Near LMVA Sub-Station, Sector-5, Balco Nagar, Korba (C.G.) Partner, M/s. Shree Rajendra Engineering Enterprises, Near LMVA Sub-Station, Sector-5, P.O. Balco Township Korba, Chhattisgarh.

---- Petitioners

Versus

1. Union of India through its Secretary, Ministry of Finance, Department of REvenue, North Block, New Delhi 110001.

2. The Commissioner, Central Excise & Customs, Central Excise Bhawan, Dhamtari Road, Tikrapara, Raipur, Chhattisgarh.

3. Superintendent, Service Tax Range V, Korba Alumina Gate Balco Korba Chhattisgarh.

4. Central Board of Excise and Customs Department of Revenue, through Chairman, North Block, New Delhi 110001.

---- Respondents For Petitioners :

Shri Siddharth Dubey with Shri Anand Mohan Tiwari, Advocate for the Petitioners.

For Respondents :

Shri Maneesh Sharma, Advocate.

Hon'ble Shri Navin Sinha, Chief Justice Hon'ble Shri P. Sam Koshy, J.

Order On Board Per Navin Sinha, Chief Justice 15/04/2015 1.

Learned Counsel for the Petitioners submits that the appeal was filed before the Customs, Excise and Service Tax Appellate Tribunal, New Delhi on 19.06.2014 assailing the order passed by the Commissioner, alongwith an

application for waiver of pre-deposit.

2.

The stay application has been fixed for hearing on 21.7.2015. The Petitioners genuinely apprehend that pursuant to the demand notice dated 13.3.2015, the authorities may take coercive actions rendering the stay application infructuous. He relies on a similar order passed in Writ Petition (T) No. 121 of 2014.

3.

We have heard Counsel for the Respondents also. 4.

The writ application is disposed in terms of order dated 9.7.2014 in Writ Petition (T) No. 121 of 2014.

Sd/- Sd/- (Navin Sinha) (P.Sam Koshy) CHIEF JUSTICE JUDGE Amit