Bharat Motors Ltd. v. T.A.,Bbsr.-I Circle

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.3669 of 2007 M/s Bharat Motors Limited ....

Petitioner Mr. R. Pal, Advocate -versusTaxing Authority, Bhubaneswar-I Circle, Bhubaneswar ....

Opposite Party Mr. Sunil Mishra, A.S.C.

CORAM:

THE CHIEF JUSTICE JUSTICE R.K. PATTANAIK

ORDER

07.02.2022 06.

1. Learned counsel appearing for the Petitioner seeks leave to Order No.

withdraw the present petition with liberty to challenge the impugned assessment order by way of an appeal before the appellate authority.

2. If such appeal is filed not later than 21st February 2022 accompanied by an application for condonation of delay, explaining the delay on account of the pendency of the present petition, the appellate authority will consider the same in accordance with law. The interim order passed by this Court on 11th April 2007 will continue till such time the appellate authority passes an order on the application to be filed for interim relief along with the appeal provided that the appeal is filed within the time stipulated. The Court clarifies that it has not expressed any opinion in the matter. Original of Annexure-1 be returned to the learned counsel for the Petitioner subject to it being substituted with an attested photocopy thereof.

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3. The writ petition is accordingly disposed as withdrawn with liberty as prayed for in the above terms.

4. An urgent certified copy of this order be issued as per rules. (Dr. S. Muralidhar) Chief Justice ( R.K. Pattanaik ) Judge S.K. Guin