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High Court of DelhiW.P.(C)/3203/2017

Byoke Overseas Pvt. Ltd. v. Commissioner, Trade & Taxes & ANR.

2018-03-22Hon'Ble Mr. Justice Sanjiv Khanna,Hon'Ble Mr. Justice Chander Shekhar2 pages

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3203/2017 BYOKE OVERSEAS PVT. LTD.

..... Petitioner Through Mr. Ruchir Bhatia, Adv.

versus COMMISSIONER, TRADE & TAXES & ANR. ..... Respondents Through Mr. Satyakam, ASC with Ms. Manpreet, LA, DTT

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 22.03.2018 After some hearing, learned counsel for the petitioner states that they would file objections against the default notices and urge all points and issues before the Objection Hearing Authority. Petitioner would move an application for waiver of pre-deposit before the Objection Hearing Authority as they have a good case on merits. We permit the petitioner to withdraw the present writ petition with liberty to file objections and raise all pleas and contentions before the Objection Hearing Authority.

Noticing the fact that impugned orders were passed on 20th March, 2017 and 27th March, 2017 and the writ petition was filed on 10th April, 2017, we would observe that in case, objections are filed by the petitioner within a period of three weeks, they would not be

dismissed on the ground of limitation.

Till the application for stay/waiver of pre-deposit is decided no coercive steps for recovery would be taken. Application for waiver of pre-deposit/stay would be disposed of and decided by a speaking order. It is made clear that the petitioner, if aggrieved would be entitled to take remedial steps in accordance with law. Recording the above statement, with the aforesaid observation and direction, the writ petition is disposed of with no order as to costs. SANJIV KHANNA, J CHANDER SHEKHAR, J MARCH 22, 2018 b