Indian Kanoon - Search engine for Indian Law

Supreme Court - Daily Orders

M/S Sesa Sterlite Ltd vs Union Of India on 4 August, 2014

                                                     1

  ITEM NO.9                                 COURT NO.2                  SECTION III

                                S U P R E M E C O U R T O F        I N D I A
                                        RECORD OF PROCEEDINGS

  I.A. No. 4/2014 in Petition(s) for Special Leave to Appeal (C)
  No(s). 31445/2013

  (Arising out of impugned final judgment and order dated 20/09/2013
  in WPC No. 16644/2013 passed by the High Court Of Orissa at
  Cuttack)

  M/S SESA STERLITE LTD AND ANR                                            Petitioner(s)

                                                    VERSUS

  UNION OF INDIA AND ORS                                                   Respondent(s)

  (for stay and office report)


  Date : 04/08/2014 This application was called on for hearing
  today.

  CORAM :
                              HON’BLE MR. JUSTICE H.L. DATTU
                              HON’BLE MR. JUSTICE PINAKI CHANDRA GHOSE
                              HON’BLE MR. JUSTICE ARUN MISHRA

  For Petitioner(s)                    Mr.Tushar Jarwal, Adv.
                                       Mr.Rahul Sateeja, Adv.
                                       for Ms. B. Vijayalakshmi Menon ,Adv.

  For Respondent(s)                    Mr.Rakesh Dwivedi, Sr.Adv.
       2 & 5                           Mrs. Kirti Renu Mishra ,Adv.
                                       Ms.Apurva Upmanyu, Adv.

                                        Mr. Sibo Sankar Mishra ,Adv.(NP)

                                       Ms.Sushma Manchanda, Adv.

                           UPON hearing the counsel the Court made the following
                                              O R D E R

On 18.11.2013, the Deputy Commissioner of Sales Tax, Signature Not Verified Bhawanipatna, Odisha has issued a demand notice directing the Digitally signed by petitioners/applicants-herein Ramana Venkata Ganti Date: 2014.08.06 12:25:20 IST to deposit a sum of Rs.23,29,42,338/-.

Reason:

Aggrieved by the said demand notice, the petitioners/applicants have failed this I.A.No.4 of 2014, inter alia, requesting this Court to stay the recovery of the aforesaid amount.

Shri Rakesh Dwivedi, learned senior counsel appearing for the State of Odisha seriously opposes the request so made by the learned counsel for the petitioners/applicants.  After obtaining appropriate instructions, learned counsel for the petitioners/applicants would contend that they will deposit a sum of Rs.10,00,00,000/- (Rupees Ten Crores only) within four weeks’ time from today and the balance amount, i.e., Rs.13,29,42,338/- would be deposited within four weeks’ time thereafter.

We take on record the submission so made by learned counsel for the petitioners/applicants. Accordingly, we order that the petitioners/applicants shall deposit a sum of Rs.10,00,00,000/- (Rupees Ten Crores only) within four weeks’ time from today and the balance amount, i.e., Rs.13,29,42,338/- shall be deposited within four weeks’ time thereafter.

We clarify that if any default is committed by the applicants/petitioners, the authorities are at liberty to take all such steps, including coercive steps, to recover the aforesaid amount from the petitioners/applicants.

With the aforesaid directions, the I.A.NO.4 of 2014 is disposed of accordingly.

(G.V.Ramana)                                     (Vinod Kulvi)
Court Master                                     Asstt.Registrar