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Orissa High Court

M/S. Bajaj Electricals Ltd vs Deputy Commissioner Of Sales Tax ..... ... on 21 March, 2023

Bench: S.Talapatra, Savitri Ratho

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                         W.P. (C) No.23576 of 2017

M/s. Bajaj Electricals Ltd.                .....                                   Petitioner
                                                                Mr.T.K.Satapathy, Advocate

                                            Vs.

Deputy Commissioner of Sales Tax           .....                            Opposite Party
                                                                       Mr. S.S.Padhi, SC,
                                                                  Commercial Tax and GST


              CORAM:
                            JUSTICE S.TALAPATRA
                           JUSTICE SAVITRI RATHO

                                                   ORDER

21.03.2023 Order No. I.A. No.17479 of 2022

15.

1. This matter is taken up through hybrid mode.

2. Heard Mr.T.K.Satapathy, learned counsel appearing for the applicant.

3. This is an application for amending the writ petition for incorporating certain factual assertions as detailed in the paragraph under the heading "Amendment sought for".

4. Mr. Padhi, learned Standing Counsel, Commercial Tax and GST has not opposed the prayer for amendment, but he has reserved his right to file an additional counter affidavit.

5. Accordingly, the petitioner is permitted to amend the writ petition in terms of the proposed amendment.

6. The Interlocutory Application stands allowed.

7. The applicant shall file the consolidated writ petition.

8. Mr. Satapathy, learned counsel has submitted that in contemplation the petitioner has already filed the consolidated writ Page 1 of 2 //2// petition.

9. We have earlier observed that this practice of filing consolidated petition before the amendment is allowed shall discontinue. Unless permitted by the Court, no consolidated writ petition shall be filed in the Court and the Registry shall not accept such consolidated writ petition before the appropriate order allowing the amendment is passed by the Court.

10. We are making an exception and accept the consolidated petition.

(S.Talapatra) Judge (Savitri Ratho) Judge 16. W.P. (C) No.23576 of 2017

1. At the request of Mr. Padhi, learned Standing Counsel, Commercial Tax and GST, let the matter be listed on 3rd May, 2023.

2. Meanwhile, the opposite party may file their additional counter affidavit traversing the amended part of the writ petition by the next date.

3. Interim order as passed earlier shall continue till the next date.



                                                          (S.Talapatra)
                                                              Judge



                                                          (Savitri Ratho)
Bichi                                                          Judge




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