Supreme Court - Daily Orders
Union Of India Thr. Secretary Ministry ... vs M/S. Om Siddh Vinayak Impex Pvt. Ltd. ... on 16 April, 2018
Bench: Ranjan Gogoi, R. Banumathi
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S) 3801 OF 2018
[ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL)
NO.28899 OF 2017]
UNION OF INDIA & ANR. ...APPELLANT(S)
VERSUS
M/S OM SIDDH VINAYAK IMPEX PVT.
LTD. & ANR. ...RESPONDENT(S)
ORDER
1. Leave granted.
2. We have heard the learned counsels for the parties.
3. Having regard to the subject matter of the two show cause notices dated 6th September, 2007 and 18th December, 2008 which, prima facie, appear to be different we are of the view that the High Court was not correct in quashing the show cause dated 6th September, 2007 on the ground that the issues raised therein will be decided in the appeal pending before the Tribunal so far as the show cause notice dated 18th December, 2008 is concerned. Signature Not Verified Digitally signed by VINOD LAKHINA Date: 2018.04.17 16:54:21 IST Reason: 2
4. Beyond the above we do not consider it appropriate to record any findings as the same may have the effect of prejudicing the parties in the course of the adjudication of the show cause notice dated 6th September, 2007 and the appeal in respect of show cause notice dated 18th December, 2008.
5. Consequently and in the light of the above the present appeal shall stand disposed of and the order of the High Court is set aside to the above extent.
....................,J.
(RANJAN GOGOI) ...................,J.
(R. BANUMATHI)
NEW DELHI
APRIL 16, 2018
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ITEM NO.53 COURT NO.3 SECTION III
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). 28899/2017 (ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 21-03-2017 IN SCA NO. 20016/2016 PASSED BY THE HIGH COURT OF GUJARAT AT AHMEDABAD) UNION OF INDIA & ANR. PETITIONER(S) VERSUS M/S. OM SIDDH VINAYAK IMPEX PVT. LTD.
& ANR. RESPONDENT(S) (FOR ADMISSION AND I.R.) Date : 16-04-2018 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Ms. Pinky Anand, ASG Mr. D.N. Goburdhun, Adv.
Mr. Abhay Kumar, Adv.
Mr. Rupesh Kumar, Adv.
Mr. Hemant Arya, Adv.
Mr. B. Krishna Prasad, AOR For Respondent(s) Mr. Shamik Shirishbhai Sanjanwala, AOR Mr. Sunil Kaundal, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal shall stand disposed of in terms of the signed order.
[VINOD LAKHINA] [ASHA SONI]
AR-cum-PS BRANCH OFFICER
[SIGNED ORDER IS PLACED ON THE FILE]