Jharkhand High Court
Nirmal Kumar Agarwal vs Union Of India ..... Opp. Party on 22 March, 2018
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 477 of 2018
1. Nirmal Kumar Agarwal
2. Kanhiya Kejriwal
3. S.N. Goswami ..... Petitioners
Versus
Union of India ..... Opp. Party
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
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For the Petitioners : Mr. Nitin Pasari, Advocate. For the UOI : Mr. Ratnesh Kumar, Advocate.
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04/Dated: 22/03/2018 Three petitioners are apprehending their arrest in connection with Complaint Case No. 2550 / 2017, registered and cognizance was taken under Section 9 and 9AA of the Central Excise Act, 1944 and under Section 89 (1)(b) of the Finance Act, 1994, pending in the court of learned Special Judge, Economic Offences, Jamshedpur, lodged on the basis of one Complaint Case No. 2550 / 2017 filed by Union of India, through Shri Ashutosh Kumar, Assistant Commissioner, Central GST and Central Excise Division - III, Jamshedpur.
Learned counsel for the petitioner has submitted that petitioner no. 1 Nirmal Kumar Agarwal was the Managing Director, petitioner no. 2, Kanjaiya Kejriwal, was the Assistant General Manager (Accounts & Finance) and petitioner no. 3 S.N. Goswami was the Manager (Commercial) of M/s Adhunik Alloys & Power Limited.
Learned counsel for the petitioners relied upon the judgment reported in 2011 (14) SCC 1 and referred to para- 40, 41, 42, 43, 44, 45, 46 & 47 of the judgment.
Learned counsel for the Central Excise Mr. Ratnesh Kumar seeks time to go through the provisions of law and address this Court on the next date.
List this case on 16.04.2018.
Till then, no coercive steps shall be taken against the petitioners, in connection with Complaint Case No. 2550 / 2017, pending in the court of learned Special Judge, Economic Offences, Jamshedpur.
Let a copy of order be sent to the court below through 'FAX', cost to be borne by the petitioners.
(Anant Bijay Singh, J.) Sunil/