Neeta Dhabhai v. State Of Maharashtra And 2 ORS

10-wpl-3132-2017 rrpillai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 3132 OF 2017 Pranay Dhabhai ... Petitioner vs.

State of Maharashtra ... Respondents through the Secretary, Finance Dept. Govt of Maharashtra and 2 Ors.

WITH WRIT PETITION (L) NO. 3135 OF 2017 Neeta Dhabhai ... Petitioner vs.

State of Maharashtra ... Respondents and 2 Ors.

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Mr. P. C. Joshi a/w. Mr. Dharmesh Jain for the Petitioner in both petitions. Mr. Himanshu Takke, AGP for the Respondent in both petitions. Mr. Pradeep M. Sohoni, Deputy Commissioner, DKE-002, Bandra is present. ..........

CORAM : A.S. OKA & A.K. MENON, JJ.

DATE : 5th DECEMBER, 2017 P. C.

1.

The learned AGP appearing for the respondents on instructions of Mr. Pradeep M. Sohoni, Deputy Commissioner, DLE-002, Bandra states that recovery certificates issued against the Directors of Global Brands Enterprise Solutions Private Limited (a Company under liquidation) including the present petitioners will be withdrawn and the respondents will take such steps as are

10-wpl-3132-2017 permissible in law against petitioners and other Directors. The recovery certificates have been issued for recovery of tax payable under the provisions of the Maharashtra Value Added Tax, 2002 against the said company for the periods 2009-10, 2010-11 and 2011-12.

2.

We accept the aforesaid statement made by the learned AGP on instructions. As the recovery certificates on the basis of the which recovery was sought to be made against the petitioners in these two petitions have been withdrawn, it is not necessary to entertain these petitions. Hence, the petitions are disposed of by accepting the aforesaid statement. 3.

In future, if any proceedings are initiated against the petitioners, we grant liberty to the petitioners to file fresh proceedings in accordance with law for claiming appropriate reliefs, including the relief in terms of prayer clause (a) of these two petitions. All questions in that behalf are expressly kept open. (A.K. MENON, J.) (A.S. OKA, J.)