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Kerala High Court

M/S.Abad Builders Pvt.Ltd vs Union Of India on 20 June, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

WP(C) No.11797/2024                        1/3                         Order Date : 20-06-2024

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                      THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
             Thursday, the 20th day of June 2024 / 30th Jyaishta, 1946
                              WP(C) NO. 11797 OF 2024
   PETITIONER:

          M/S.ABAD BUILDERS PVT.LTD, REPRESENTED BY ITS MANAGING DIRECTOR, 8TH
          FLOOR, NUCLEUS MALL AND OFFICE, N.H.85, MARADU P.O., ERNAKULAM DIST,
          PIN - 682304.

   RESPONDENTS:

      1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE,
         NORTH BLOCK NEW DELHI, PIN-110001.
      2. CHAIRMAN, CENTRAL BOARD OF INDIRECT TAX AND CUSTOMS, NORTH BLOCK,
         NEW DELHI, PIN - 110011.
      3. COMMISIONER OF CENTRAL TAX AND CENTRAL EXCISE, CENTRAL REVENUE
         BUILDING, I.S.PRESS ROAD, COCHIN, PIN-682018.


        Writ Petition (Civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to stay Ext.P5 order pending disposal of this writ petition.


        This petition again coming on for orders upon perusing the petition
   and the affidavit filed in support of WP(C) and this Court's order dated
   30.05.2024 and upon hearing the arguments of SRI.C.S.GOPALAKRISHNAN NAIR,
   Advocate for the petitioner and of SRI P.G.JAYASHANKAR, Advocate for R2 &
   R3, the court passed the following:
 WP(C) No.11797/2024                         2/3                        Order Date : 20-06-2024




                           MURALI PURUSHOTHAMAN, J.
                         ---------------------------------------------
                              W.P.(C) No.11797 of 2024
                       -------------------------------------------------
                         Dated this the 20th day of June, 2024


                                          ORDER

The learned Standing Counsel seeks further time for instructions and for filing a statement/counter affidavit.

2. Interim order is extended until further orders.

Post immediately on filing statement/counter affidavit.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SPR WP(C) No.11797/2024 3/3 Order Date : 20-06-2024 APPENDIX OF WP(C) 11797/2024 Exhibit P1 A TRUE COPY OF THE SHOW CAUSE NOTICE NO.

C.NO.V/ST/15/83/2010 ST ADJ DATED 04.06.2010 Exhibit P2 A TRUE COPY OF THE REPLY DT:2.8.2010 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P3 A TRUE COPY OF THE LETTER C.NO.V/ST/15/83/2010 ST-ADJ.

DT:15.12.2023 Exhibit P4 A TRUE COPY OF THE LETTER DT:11.12.2023 ADDRESSED TO THE 3RD RESPONDENT BY THE PETITIONER Exhibit P5 A TRUE COPY OF THE ORDER -IN ORIGINAL NO.COC-EXCUS-000- COM-32/2023-24/ST/COMMR./SERVICE TAX DT: 29. 12. 2023 Exhibit P6 A TRUE COPY OF THE LETTER DT:01.03.2024 SENT TO THE UNION BANK OF INDIA, ERNAKULAM MAIN BRANCH BY THE PETITIONER Exhibit P7 A TRUE COPY OF THE REPLY DT:11.3.2024 FROM THE UNION BANK TO THE PETITIONER