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Supreme Court - Daily Orders

M/S. Gati Kintetsu Express Pvt. Ltd. vs Commissioner Commercial Tax Of Madhya ... on 19 September, 2018

Bench: A.K. Sikri, Ashok Bhushan

       ITEM NO.15                             COURT NO.5                 SECTION IV-A

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

       Petition(s) for Special Leave to Appeal (C) No(s). 17073/2018
       (Arising out of impugned final judgment and order dated 05-07-2018
       in WP No. 12399/2018 passed by the High Court of M.P. At Indore)

       M/S. GATI KINTETSU EXPRESS PVT. LTD.                               Petitioner(s)

                                                     VERSUS

       COMMISSIONER COMMERCIAL TAX OF MADHYA PRADESH
       & ORS.                                                             Respondent(s)
       (IA No. 127862/2018)-CLARIFICATION/DIRECTION)

       Date : 19-09-2018 This petition was called on for hearing today.

       CORAM :               HON'BLE MR. JUSTICE A.K. SIKRI
                             HON'BLE MR. JUSTICE ASHOK BHUSHAN

       For Petitioner(s)                Mr. Jay Kishor Singh, AOR

       For Respondent(s)               Ms.   Swarupama Chaturvedi, AOR
                                       Mr.   B.N. Dubey, Adv.
                                       Ms.   Devika Gulati, Adv.
                                       Ms.   Vaishali Verma, Adv.

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

Having regard to the facts of the case, more particularly when the petitioner has already paid the tax and insofar as other dues are concerned, which are being demanded, a dispute is raised in this special leave petition in which notice has been issued, we are of the opinion that the vehicle which is seized along with the consignments should be released to the applicant/petitioner. This order shall be subject to further order that shall be passed by this Court in the special leave petition. Signature Not Verified

Interim Application No. 127862/2018 is, accordingly, disposed Digitally signed by SUSHIL KUMAR RAKHEJA Date: 2018.09.19 of.

17:45:02 IST Reason:

(SUSHIL KUMAR RAKHEJA) (RAJINDER KAUR) AR-CUM-PS BRANCH OFFICER