M/S. Hindustan Petroleum Corpn. Ltd. v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMAPL No.261 of 2022 M/s. Hindustan Petroleum Corporation Ltd.

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Petitioner Mr. J. Sahoo, Senior Advocate -versusState of Orissa ....

Opposite Party Mr. S. Mishra, ASC

CORAM:

THE CHIEF JUSTICE JUSTICE R. K. PATTANAIK Order No.

ORDER

05.07.2022 1.

1. Mr. J. Sahoo, learned Senior Counsel for the Petitioner seeks leave to the withdraw the petition with liberty to challenge the impugned assessment order dated 15th February, 2007 passed by the Opposite Party No.2 and consequential demand notice before the Appellate Authority in accordance with law. If such appeal filed not later 22nd August, 2022 accompanied by an application for condonation of delay explaining the delay on account of pendency of the present petition, it shall be considered on merits by the Tribunal. If the appeal filed within the stipulated time an accompanied by an application for interim relief, then till such time the Tribunal passes an order thereon, the interim order passed by this Court on 23rd March, 2007, in the present writ petition shall continue. The originals filed as Annexures be returned to the Petitioner subject to their being substituted by attested photocopies thereof. All the contentions raised in this petition are left open to be urged before the Tribunal in accordance

with law. Amount of Rs.4 crore deposited by the Petitioner during the pendency of the present petition will be subject to outcome of the appeal in the Tribunal.

2. The CMAPL is disposed of as withdrawn with liberty as prayed for.

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