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Patna High Court - Orders

M/S Afcons- Sibmost Joint Venture vs The Union Of India on 30 July, 2019

Author: Jyoti Saran

Bench: Jyoti Saran, Partha Sarthy

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Civil Writ Jurisdiction Case No.11470 of 2019
                 ======================================================
                 M/s AFCONS- SIBMOST Joint Venture

                                                                           ... ... Petitioner/s
                                                      Versus
                 The Union of India

                                                           ... ... Respondent/s
                 ======================================================
                                                        with
                           Civil Writ Jurisdiction Case No. 11501 of 2019
                 ======================================================
                 M/S AFCONS - SIBMOST Joint Venture,

                                                                           ... ... Petitioner/s
                                                Versus
                 Bihar Commercial Taxes Department

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 (In Civil Writ Jurisdiction Case No. 11470 of 2019)
                 For the Petitioner/s      :       Mr.Anujit Sinha, Adv.
                 For the Respondent/s      :       Mr.Vikash Kumar.Sc11
                 (In Civil Writ Jurisdiction Case No. 11501 of 2019)
                 For the Petitioner/s      :       Mr.Anujit Sinha, Adv.
                 For the Respondent/s      :       Mr.Lalit Kishore,AG
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
                         and
                         HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE JYOTI SARAN)

3   30-07-2019

It is while questioning the provisions on its validity that Mr. Sujit Ghosh, learned counsel appearing for the petitioner in the two writ petitions submits that it is on such account that even the refund application cannot be submitted and if filed, obviously would invite rejection.

This matter was earlier heard on 03.07.2019 and on a request made by Mr. S.D. Sanjay, learned Additional Solicitor Patna High Court CWJC No.11470 of 2019(3) dt.30-07-2019 2/2 General we allowed him time for responding to the issues raised. The matter is thereafter posted today and when taken up it is informed by Mr. Sanjay that the counter affidavit is in process and would be served on learned counsel for the petitioner by 13.08.2019.

Allowing time to learned counsel for the petitioner to respond to the counter affidavit, we post this matter for consideration on 20.08.2019 when it would be listed under the heading 'For Orders-I' with the view to final disposal.

It goes without saying that any claim of the petitioner for refund arising under the provisions under challenge, would be governed by the outcome of the present proceedings.

(Jyoti Saran, J) ( Partha Sarthy, J) Bibhash/-

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