Kallappanna Awade Ichalkaranji Janata Sahakari Bank Ltd. Thru Deputy Gen. Manager M S Gangatirtkar v. Deputy Commissioner Of Sales Tax And Nodal Officer, Nashik Div. And ORS

1/2 05 WPST-33174.18 (09).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE CIVIL JURISDICTION WRIT PETITION (STAMP) NO.33174 OF 2018 Kallappanna Awade Ichalkaranji Janata Sahakari Bank Limited.

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Petitioners Vs.

Deputy Commissioner of Sales Tax & Ors.

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Respondents ...

Mr. Nitin P. Deshpande for the Petitioners.

Mr. Y.A. Sonpal, Special Counsel with Mr. Y.S. Khochare, A.G.P. for Respondent Nos.1 and 2.

Mr. Kaushal Sawant i/b Mr. Puneet K. Gogad fr Respondent Nos.3, 4, 5 and 9.

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CORAM:

PRADEEP NANDRAJOG, C.J. & SMT. BHARATI DANGRE, J.

DATED :

05th FEBRUARY, 2020.

P.C:- 1.

On the same cause of action challenging the same order and demand notice as pleaded in paragraph 16 of the Writ Petition, the Petitioners had filed Writ Petition No.10562 of 2018 which was dismissed in default on 04th September, 2018. The AJN

2/2 05 WPST-33174.18 (09).odt Petitioners have filed Civil Application (Stamp) No.28849 of 2018 seeking restoration of the said Writ Petition. 2.

In that view of the matter, the instant Writ Petition is rejected as not maintainable. The Petitioners' remedy is to seek restoration of Writ Petition No.10562 of 2018 and if the Petitioners are unsuccessful in seeking restoration thereof, the Petitioners can avail remedy as per law.

(SMT. BHARATI DANGRE, J.) (CHIEF JUSTICE) AJN