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Bombay High CourtWP/1972/2016disposed off

M/S. Blue Star Construction Company v. Commissioner Of Sales Tax And 3 ORS

2016-10-18Hon'Ble Shri Justice B.P. Colabawalla,Hon'Ble Shri Justice S.C. Dharmadhikari2 pages

suresh 904-905-WPG-1972.2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1972 OF 2016 AND WRIT PETITION NO.1981 OF 2016 M/s. Blue Star Construction Company .... Petitioner Vs.

Commissioner of Sales Tax, Maharashtra State, Mumbai & Others .... Respondents Mr. K.M. Sangani for the Petitioner in both petitions. None for the Respondents.

CORAM: S.C. DHARMADHIKARI & B.P. COLABAWALLA, JJ.

DATE : OCTOBER 18, 2016 P.C:

1.

Heard Mr. Sangani, appearing for the petitioner in both these petitions. We have perused the order passed on the stay application by the Tribunal. In both matters we find that the Tribunal has imposed a very reasonable condition. In fact, it has partly allowed the appeals and brought down the amount which is to be deposited. In the circumstances and when the Tribunal has not acted arbitrarily or capriciously nor violated any

suresh 904-905-WPG-1972.2016.doc provisions of law, we cannot entertain these writ petitions. They are dismissed.

2.

In both matters, the time to comply with the Tribunal's direction is extended by two months from today. If compliance is reported, the First Appellate Authority to accept the appeals for adjudication on merits, else they should stand dismissed without any further reference to Court. (B.P. COLABAWALLA, J.) (S.C. DHARMADHIKARI, J.)