M/S. Arvind Brothers Thr. Partner Kishore Amrutalal Harsora v. The Addl. Joint Commissioner (Anti Evasion) Cgst And C.Ex. And ORS

Digitally signed by PRASHANT VILAS RANE Date:

2023.09.13 21:45:31 +0530 PRASHANT VILAS RANE 5-ia 30718-22 in wp 1411-22.odt P. V. Rane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 30718 OF 2022 IN WRIT PETITION NO. 1411 OF 2022 M/s. Arvind Brothers ..Petitioner Vs.

The Addl. Joint Commissioner (Anti Evasion) CGST and Central Excise & Ors.

..Respondents __________ Ms. Sonali Jain, for the Applicant.

Ms. Shruti D. Vyas, 'B' Panel Counsel for the State-Respondent Nos.1 & 2.

Mr.Sandesh Patil with Mr.Chintan Y. Shah, for Respondent No.3. __________ CORAM :

G. S. KULKARNI & JITENDRA JAIN, JJ.

DATE :

SEPTEMBER 12, 2023.

P.C.:

1.

By this application, the applicant - petitioner prays for restoration of the Writ Petition which came to be dismissed for non prosecution by an order dated 11 November 2022 passed by a co-ordinate Bench of this Court.

2.

We have heard Ms.Jain, learned Counsel for the applicantpetitioner, Ms.Vyas, learned Counsel for respondent Nos.1 and 2 and Mr.Patil, learned Counsel for respondent No.3. 3.

Having perused the averments in the interim application, we are of ------------------------- 12 September, 2023

5-ia 30718-22 in wp 1411-22.odt the opinion that in the interest of justice, the application is required to be allowed and the writ petition be restored to the file of this Court. Accordingly, Interim Application is allowed in terms of prayer clause (a). There is also a prayer in the interim application being prayer clause (b) for a temporary protection. Learned Counsel for the applicant/petitioner has prayed for continuation of the protection granted by the co-ordinate Bench of this Court by an order dated 17 January 2022. Since we have allowed the Interim Application in terms of prayer clause (a) restoring the writ petition to the file of this Court, the protection granted by this Court by an order dated 17 January 2022 shall continue to operate till the adjourned date of hearing.

4.

List this petition 'for Admission' on 3 October 2023. High On Board.

[JITENDRA JAIN, J.] [G. S. KULKARNI, J.] ------------------------- 12 September, 2023