Patna High Court - Orders
Bankipur Club Ltd. vs The State Of Bihar And Ors. on 26 July, 2019
Author: Jyoti Saran
Bench: Jyoti Saran, Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.210 of 2008
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Bankipore Club Ltd, Collectorat
... ... Appellant/s
Versus
The State of Bihar and Ors
... ... Respondent/s
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with
Miscellaneous Appeal No. 975 of 2010
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Bankipur Club Ltd.
... ... Appellant/s
Versus
The State of Bihar and Ors.
... ... Respondent/s
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Appearance :
(In Miscellaneous Appeal No. 210 of 2008)
For the Appellant/s : Mr.Sandeep Kumar, Adv.
For the Respondent/s : GA10
(In Miscellaneous Appeal No. 975 of 2010)
For the Appellant/s : Mr.Gautam Kumar Kejriwal, Adv.
For the Respondent/s : Mr.A.K.Rastogi, AAG 10
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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE JYOTI SARAN)
27 26-07-2019It is informed by Mr. A.K. Rastogi, learned A.A.G.10 appearing for the State that the issue raised in this appeal is a subject matter of consideration before the Supreme Court in a case of State of West Bengal versus Calcutta Club Ltd. which has since been referred to a larger bench vide judgment and order reported in (2017)5SCC 356. According to Mr. Rastogi, AAG 10, the issue which falls for consideration is whether the Patna High Court MA No.210 of 2008(27) dt.26-07-2019 2/2 supplies made by a club to its member would amount to sale within the meaning of Article 366(29-A) of the Constitution of India.
In view of the submissions so advanced and since the matter in contest is pending consideration before the Supreme Court as submitted by Mr. Rastogi, this appeal is adjourned sine die for its listing on the motion made by the contesting parties on disposal of the matter pending before the Supreme Court in the case of Calcutta Club Ltd.(supra).
(Jyoti Saran, J) ( Partha Sarthy, J) Bibhash/-
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