Dow Chemical International Pvt. Ltd. v. The State Of Maharashtra And 3 ORS.

P.H. Jayani 02 WP1787.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1787 OF 2017 Dow Chemical International Pvt. Ltd.

....Petitioner V/s.

The State of Maharashtra & Ors.

....Respondents Mr. Vikram Nankani, Sr. Counsel a/w. Mr. Prithviraj Choudhari i/b. Vaibhav P. Patankar for the petitioner.

Mr. Dushyant Kumar, AGP for R.Nos.1 to 3.

CORAM : S.C. DHARMADHIKARI & SMT. ANUJA PRABHUDESSAI, JJ.

DATE : 24TH APRIL, 2018.

P.C.:

.

In the light of the fact that the petitioner has an alternate and equally efficacious remedy to challenge the impugned order before the Maharashtra Sales Tax Tribunal, the Writ Petition is disposed of to enable the petitioner to avail of that remedy. 2.

We have no doubt in our mind that in event an application is made seeking to condone the delay in filing the appeal, the Tribunal will consider the request to exclude the period spent in prosecuting this petition in computing the period of limitation prescribed in law for filing such appeal, and excluding it. The petitioner's contentions in that regard as also merits are kept open.

(SMT. ANUJA PRABHUDESSAI, J.) (S.C. DHARMADHIKARI, J.)