Delhi High Court - Orders
M/S Ajanta Merchants P Ltd vs Initiating Officer, Acit Benami ... on 1 April, 2022
Author: Rajiv Shakdher
Bench: Rajiv Shakdher
$~5(2020)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 744/2019, CM APPLs. 51059/2019 & 51060/2019
M/S AJANTA MERCHANTS P LTD ..... Appellant
Through: Mr Saurabh Seth, Advocate.
versus
INITIATING OFFICER, ACIT BENAMI PROHIBITION UNIT -2
& ORS ..... Respondents
Through: Ms Monika Arora and Mr Yogesh
Panwar, Advocates for UOI.
CORAM:
HON'BLE MR JUSTICE RAJIV SHAKDHER
HON'BLE MS JUSTICE POONAM A. BAMBA
ORDER
% 01.04.2022 [Physical court hearing/ hybrid hearing (as per request)]
1. Mr Saurabh Seth, who appears for the appellant, says that in view of the subsequent order dated 21.12.2020 passed by the learned single judge in the pending writ petition i.e., W.P.(C) No. 9841/2019, the appeal has, in a sense, become infructuous.
2. To be noted, via this appeal, the appellant sought to assail the interim order dated 13.09.2019 passed by the learned single judge, whereby the following operative directions were passed :
"14. Issue notice to the Respondents returnable on 30th January, 2020. Till the next date of hearing, the interim order passed by the Appellate Tribunal staying the operation of the notice dated 21 June, 2019, shall remain suspended. Replies to the show cause notice, shall be filed within 30 days from today. The Adjudicating Authority shall thereafter proceed in accordance with law and in accordance with the timelines prescribed under Section 26 of the Act. The LPA 744/2019 page 1 of 2 Signature Not Verified Digitally Signed By:PREM MOHAN CHOUDHARY Signing Date:08.04.2022 16:37:21 adjudication process by the Adjudicating Authority shall be subject to the outcome of the present writ petition and shall be without prejudice to the rights and contentions of the parties, which may be raised in the present writ petition. The observations in the present order are prima facie in nature."
3. Mr Seth says that in view of the fact that via order dated 21.12.2020, the learned single judge has directed the adjudicating authority to continue with the proceedings pending before it, subject to the caveat that no final order would be passed; he has instructions not to press the appeal any further.
4. The appeal is, accordingly, closed.
5. Consequently, pending applications shall stand closed.
RAJIV SHAKDHER, J POONAM A. BAMBA, J APRIL 1, 2022 g.joshi Click here to check corrigendum, if any LPA 744/2019 page 2 of 2 Signature Not Verified Digitally Signed By:PREM MOHAN CHOUDHARY Signing Date:08.04.2022 16:37:21