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Calcutta High Court

Bengal Srei Infrastructure ... vs Union Of India & Ors on 19 June, 2013

Author: Murari Prasad Shrivastava

Bench: Murari Prasad Shrivastava

                                  ORDER SHEET
                              WP No. 116 of 2006
                        IN THE HIGH COURT AT CALCUTTA
                      Constitutional Writ Jurisdiction
                                 ORIGINAL SIDE




            BENGAL SREI INFRASTRUCTURE DEVELOPMENT & ORS.
                                Versus
                        UNION OF INDIA & ORS.

     BEFORE:
     The Hon'ble JUSTICE MURARI PRASAD SHRIVASTAVA

     Date : 19th June, 2013.


                                                               Appearance:
                                                  Ms. Anupa Banerjee, Adv.
                                                  Ms. Dolon Dasgupta, Adv.


                      The Court :- Learned Advocate for the petitioners

submits that the petitioners herein have challenged the decision

of   the   respondents-authorities       regarding   imposition    of   fringe

benefit tax on the ground that the same is illegal, invalid and also ultra vires Constitution of India. Learned Advocate further submits that on the selfsame matter, several writ petitions are pending in different High Courts and the Hon'ble Supreme Court has been moved for transfer of all the said writ petitions.

It appears from the report of the Registrar, Original Side, that at present there is no order of the Hon'ble 2 Supreme Court directing transfer of the present application to that Court.

However, upon considering the submissions of the learned Advocate for the petitioners, I direct that in the event any order is passed by the Hon'ble Supreme Court for transfer of the application and the Registry is notified to that effect either by the parties or by the Registry of the Hon'ble Supreme Court, the Registry shall forthwith carry out the order without feeling any obligation to lay the application before this Court.

Let a copy of this order be sent to the Registrar, Original Side.

(MURARI PRASAD SHRIVASTAVA, J.) rnc.