Karnataka High Court
M/S Parle Products Pvt Ltd vs The Asst. Commissioner Of Commercial ... on 21 February, 2012
Author: Ajit J Gunjal
Bench: Ajit J Gunjal
s" ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA ". WITH A PRAYER TO RESTRAIN THE RESPONDENT FROM
IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 21S" DAY OF FEBRUARY 2019" > | BEFORE oe THE HON'BLE MR. JUSTICE. AgIT J GUNJAL W.P.NOs.5686-5732,OF 2012 (P-CST) BETWEEN | Bn M/S PARLE PRODUCTS PVF, LTD.,.. 15 K.M.STONE, TUMKUR ROAD™ |. N.H.-4 io .
BANGALORE ~ 560-073 REPRESENTED BY ITS ASST. MANAGER. =.
SRLRAKESH JOSHI 7 AGED ABOUT 36 YEARS SON OF SRLJASWANT JOSHI : Se ... PETITIONER (BY. SRIS.PARTHASARATHI"ADV,) AND THE ASST:.COMMISSIONER OF COMMERCIAL TAXES (H.Q) DVO:6, KIADB BLILDING _ " 3RP FLOOR,-PEENYA II STAGE
-. BANGALORE -- 58.
em 2 ... RESPONDENT ; (BY SRI.K.M.SHIVAYOGISWAMY, AGA) THESE WRIT PETITIONS ARE FILED UNDER © PROCEEDING FURTHER IN THE MATTER OF RECOVERY OF THE IMPUGNED DEMAND IN PURSUANCE OF THE ORDER OF THE KARNATAKA APPELALTE TRIBUNAL BANGALORE DATED 18.7.2011 VIDE ANNEX-C FOR THE PERIODS APRIL 2005 TO MARCH 2009. --_ THESE W.Ps. ARE COMING ON FOR PRELIitl NARY~ HEARING THIS DAY THE COURT MADE THE FOLL OW ING Gi Petitioner is manufacturing | biscuiis: in the - name .
of Parle products. The peti toner has. flied the: returns before the concerned authorit ties right from the. date of incorporation.
2. Suffice' it" 'to sal that the petitioner was before the Appellate THbo una} and the - Appellate Tribunal has allowed the appeal a and remitted the matter to the Joint Commissioner for fresh disposal in accordance with law.
3: The petitieser has also maintained an "application for gront of interim order. The apprehension of tire' petitioner is that even before considering the : _ application' for grant of interim order the bank guarantee, which is furnished is being encashed. A notice is also been issued to that effect, A copy of which "is produced at Annexure-E. Annexure-E. is dated 17.2.2012 and it was served on the petitioners on, ) g ; --
foe 18.12.2009 and the bank guarantee is sought to be encashed.
4. 1 have heard the learned counsel appearing for"
the petitioner as well as the State. -
5. Apparently, without "going 'into the' factual matrix and the merits ef the case stiffice it to-nete that until the application for interim order is considered by the Joint Commissioner, he shail not ézcash the bank guarantee, which. is furnished by the petitioners till the application -- for $ | Stay is" disposed of. With this observation, petitions stanid disposed of.
Mr. KA Ariga lezrned Additional Government Adv orate "app earing for respondents is permitted to file memo of appearance within four weeks.