Indian Kanoon - Search engine for Indian Law

Supreme Court - Daily Orders

The Development Commissioner Mepz ... vs M/S Hospira Health Care India Pvt Ltd on 17 November, 2017

Bench: J. Chelameswar, S. Abdul Nazeer

                                                       1

     ITEM NO.36                                COURT NO.2                 SECTION XII

                                   S U P R E M E C O U R T O F      I N D I A
                                           RECORD OF PROCEEDINGS

     SPECIAL LEAVE PETITION (CIVIL) NO(s)...........OF 2017
                                       Diary No(s). 32801/2017

     (Arising out of impugned final judgment and order dated 14-06-2017
     in WA No. 1517/2016 14-06-2017 in WA No. 1516/2016 passed by the
     High Court Of Judicature at Madras)

     THE DEVELOPMENT COMMISSIONER MEPZ
     SPECIAL ECONOMIC ZONE AND HEOUS & ORS.                                Petitioner(s)

                                                      VERSUS

     M/S HOSPIRA HEALTH CARE INDIA PVT LTD                                 Respondent(s)

     (IA No.115322/2017-CONDONATION OF DELAY IN FILING SLP)

     Date : 17-11-2017 This petition was called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE J. CHELAMESWAR
                             HON'BLE MR. JUSTICE S. ABDUL NAZEER

     For Petitioner(s)                    Ms. Indu Malhotra, Sr. Adv.
                                          Mr. Ritesh Kumar, Adv.
                                          Mr. Rajat Nair, Adv.
                                          Mrs. Anil Katiyar, AOR

     For Respondent(s)                    Mr. Arvind P. Datar, Sr. Adv.
                                          Ms. Vanita Bhargava, Adv.
                                          Mr. Ajay Bhargava, Adv.
                                          Mr. Rony O. John, Adv.
                                          Ms. Shweta Kabra, Adv.
                                          Mr. Mayank Singh, Adv.
                                          M/S. Khaitan & Co., AOR

                         UPON hearing the counsel the Court made the following
                                                  O R D E R

Delay condoned.

Leave granted.

Learned counsel for the appellants prays for an interim Digitally signed by DEEPAK MANSUKHANI stay of the operation of the impugned order. Date: 2017.11.17 17:11:33 IST Reason:

In other words, prayer is for stay of the reimbursement of the amount that would be due pursuant to the impugned order. The amount is not yet quantified. Having regard to the facts and circumstances  2 of the case, we are not inclined to stay the operation of the impugned order. The appellants would pay, whatever be the amount due, pursuant to the impugned order to the respondent assessee on condition that the respondent assessee furnishes a bank guarantee for the amount that is to be refunded by the appellant.

    (DEEPAK MANSUKHANI)                    (RAJINDER KAUR)
     AR-cum-PS                              Court Master