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Bombay High CourtWP/2150/2024disposed off

S. D. Corporation Private Limited v. State Of Maharashtra

2024-06-27Hon'Ble Shri Justice Jitendra Shantilal Jain , Hon'Ble Shri Justice K.R. Shriram2 pages

TAUSEEF LAIQUEE FAROOQUI Tauseef 902-WP.2150.2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY TAUSEEF LAIQUEE FAROOQUI Date: 2024.06.28 15:21:08 +0530 ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.

OF S. D. Corporation Private Limited

...Petitioner

Versus

State of Maharashtra & Ors.

...Respondents

__________ Mr. Mihir Mehta a/w. Mr. Jas Sanghavi i/b. M/s. PDS Legal for the Petitioner.

Mr. Amar Mishra, AGP for Respondent Nos.1 and 3. __________

CORAM

:

K. R. SHRIRAM, JITENDRA JAIN, J.J.

DATED :

27th JUNE 2024 P.C.

1.

Mr. Mishra seeks time to file reply. Counsel for respondent nos.1 and 3 candidly admits that petition was served way back in March 2024 and he was also given a copy of the brief in March 2024. It is almost three months since then and yet the reply to oppose the petition is not filed. Be that as it may, we shall give time upto and including 4 th July 2024 to file reply and serve a copy thereof upon petitioner. Rejoinder, if any, shall be filed and copy served on or before 12th July 2024.

2.

Stand over to 22nd July 2024.

3.

Respondent no.2-Commissioner and respondent no.3-

Tauseef 902-WP.2150.2024.doc Assistant Commissioner shall file their respective Affidavits-in-reply. In the reply, they shall also explain why for almost three months they did not consider it fit to file a reply to oppose the petition, particularly when the amount involved is almost Rs.91 Crores. 4.

Until 31st July 2024, there shall be ad-interim in terms of prayer clause (c) which reads as under:- "(c) that pending the hearing and final disposal of this petition, this Hon'ble Court be pleased to direct the Respondents by themselves, their officers, subordinates, servants and agents by an interim order and injunction from acting upon or taking any further steps or proceedings in pursuance of and/or in furtherance of Order No.AC-D-021/INV-C/GST/Inv/S D Corporation/17-18/2023-24/B-42 dated 31.12.2023 issued in Form DRC-07 (Ref. No.ZD2712231011806) by the Respondent No.3 (Exhibit "A");"

[JITENDRA JAIN, J.] [K. R. SHRIRAM, J.]