M/S Valley Iron Steel v. Asstt. Excise Taxation Commissioner & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 65/2016 M/S VALLEY IRON STEEL ..... Petitioner Represented by:

Mr.S.D.Singh, Advocate with Mr.Rahul Singh, Ms.Meenu Singh, Ms.Shweta Sinha, Ms.Sneha Ghosh, Advocates versus ASSTT. EXCISE TAXATION COMMISSIONER & ORS ..... Respondents Represented by:

Mr.Siddhant Asthana, Advocates

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 16.05.2016 1.

Heard learned counsel for the parties.

2.

Annexure P-4 to the writ petition would evince that on September 16, 2014 the Registrar of BIFR informed the petitioner that reference under Section 15(1) of SICA, 1985 filed by the petitioner has been admitted with number assigned to the case as Case No.50/2014. 3.

In view of the law declared by the Supreme Court in the decision reported as (1998) 5 SCC 554 Real Value Appliances Ltd. vs. Canara Bank & Ors., the impugned orders dated October 30, 2014 and September 15, 2015 are quashed for the reason after a reference is admitted under Section 15 of SICA, the protection under Section 22 of SICA gets triggered as held W.P.(C) 65/2016

by the Supreme Court in the aforenoted decision. 4.

The writ petition is allowed.

5.

No costs.

PRADEEP NANDRAJOG, J.

MUKTA GUPTA, J.

MAY 16, 2016 'skb'

W.P.(C) 65/2016