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Supreme Court - Daily Orders

Commissioner Of Service Tax, Mumbai Ii vs M/S Sgs India Pvt Ltd on 28 January, 2020

     ITEM NO.76                     REGISTRAR COURT. 1                  SECTION IX

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


                         BEFORE THE REGISTRAR SH. ANIL LAXMAN PANSARE

     Petition(s) for Special Leave to Appeal (C)             No(s).     29712/2014

     COMMISSIONER OF SERVICE TAX, MUMBAI II                           Petitioner(s)

                                               VERSUS

     M/S SGS INDIA PVT LTD & ANR.                                     Respondent(s)

     (Only SLP (C) No. 21334/2019, C.A. Nos. 1440, 7483, 4007, 4959 &
     7155 of 2019 and D. Nos. 40710 and 6017 of 2019 to be listed before
     Registrar Court on 28.01.2020. )

     WITH
     C.A. No. 1440/2019 (XVII-A)
     (IA
     FOR EX-PARTE STAY ON IA 13851/2019
     IA No. 13851/2019 - EX-PARTE STAY)
       SLP(C) No. 21334/2019 (IX)
     )
       Diary No(s). 6017/2019 (XVII-A)
     (IA
     FOR CONDONATION OF DELAY IN FILING ON IA 39220/2019
     FOR EX-PARTE STAY ON IA 39221/2019
     IA No. 39220/2019 - CONDONATION OF DELAY IN FILING
     IA No. 39221/2019 - EX-PARTE STAY)
       C.A. No. 4007/2019 (XVII-A)
     (IA
     FOR STAY APPLICATION ON IA 55518/2019
     IA No. 55518/2019 - STAY APPLICATION)
       C.A. No. 4959/2019 (XVII-A)
     ( IA No.71612/2019-CONDONATION OF DELAY IN FILING and IA
     No.71614/2019-EX-PARTE STAY)
       C.A. No. 7483/2019 (XVII-A)
     ( IA No.122775/2019-CONDONATION OF DELAY IN FILING and IA
     No.122779/2019-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
     and IA No.122778/2019-STAY APPLICATION)
       C.A. No. 7155/2019 (XVII-A)
     (FOR ADMISSION and IA No.131123/2019-EX-PARTE STAY and IA
     No.131122/2019-CONDONATION OF DELAY IN FILING APPEAL)
       Diary No(s). 40710/2019 (XVII-A)
     ( IA No.185365/2019-CONDONATION OF DELAY IN FILING and IA
Signature Not Verified


     No.185366/2019-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
Digitally signed by
Anil Laxman Pansare
Date: 2020.02.01
     and IA No.185367/2019-STAY APPLICATION)
10:49:08 IST
Reason:

       Diary No(s). 44910/2019 (XVII-A)
     ( IA No.5855/2020-CONDONATION OF DELAY IN FILING and IA
     No.5857/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and
     IA No.5856/2020-EX-PARTE STAY)
Item No.76                                 -2-

Date : 28-01-2020 This petition was called on for hearing today.



For Petitioner(s)
                          Ms. Neha Agarwal, Adv.
                          Mr. E. C. Agrawala, AOR
                          Ms. Reena Pandey, Adv.
                         Mr. B. Krishna Prasad, AOR

For Respondent(s)
                          Ms. Charanya Lakshmikumaran, AOR
                          Mr. Anirban Bhattacharya, AOR
                          Mr. Sarvesh Singh, AOR
                          Mr. Jasdeep Singh Dhillon, Adv.
                          Mr. Anurag, AOR
                          Ms. Neha Agarwal, Adv.
                          Mr. E. C. Agrawala, AOR
                          Ms. Diksha Rai, AOR
                          Ms. Sneh Dhillon, Adv.
                          Mrs. Gayatri Gulati Sreyas, Adv.
                          Mr. T. V. S. Raghavendra Sreyas, AOR


             UPON hearing the counsel the Court made the following
                                O R D E R
C.A. No. 1440/2019

Vakalatnama has been filed on 14.11.2019. Ld. Counsel for the respondent is granted four weeks’ time, as last opportunity for filing counter affidavit in terms of Order V Rule 1(22), Supreme Court Rules, 2013.

Affidavit of valuation and Ad-valorem court fee have been filed.

SLP(C) No. 21334/2019

None appeared for the sole respondent when called. Despite time granted on 18.11.2019, counter affidavit has not been filed till today. There is neither written application for extension of time to file pleadings in terms of Order V Rule 1(22), Supreme Court Rules, 2013 nor is there oral Item No.76 -3- request to that effect. It appears that the said respondent is not interested in filing counter affidavit and, therefore, opportunity to file counter affidavit stands declined. Diary No(s). 6017/2019 None appeared for the respondent when called. Vakalatnama has been filed on behalf of the sole respondent on 18.7.2019, however, counter affidavit has not been filed till today. There is neither written application for extension of time to file pleadings in terms of Order V Rule 1(22), Supreme Court Rules, 2013 nor is there oral request to that effect. It appears that the respondent is not interested in filing counter affidavit and, therefore, opportunity to file counter affidavit stands declined.

Affidavit of valuation and Ad-valorem court fee have been filed.

C.A. No. 4007/2019 Vakalatnama has been filed on 13.8.2019, however, counter affidavit has not been filed till today. Ld. counsel for the respondent seeks last opportunity of four weeks to file counter affidavit. Granted, as last opportunity, as first and only extension in terms of Order V Rule 1(22), Supreme Court Rules, 2013.

Affidavit of valuation has been filed. Ld. counsel for the appellant to file Ad-valorem court fee within four weeks. C.A. No. 4959/2019 Vakalatnama has been filed on 9.7.2019, however, counter Item No.76 -4- affidavit has not been filed till today. Ld. counsel for the respondent seeks last opportunity to file counter affidavit. Four weeks’ time is granted as last opportunity, as first and only extension in terms of Order V Rule 1(22), Supreme Court Rules, 2013.

Ld. Counsel for the appellant to file affidavit of valuation and Ad-valorem court fee within four weeks. C.A. No. 7483/2019 None appeared for the respondent when called. Four weeks’ time was granted to the sole respondent for filing counter affidavit vide order dated 6.9.2019, however, counter affidavit has not been filed till today. There is neither written application for extension of time to file pleadings in terms of Order V Rule 1(22), Supreme Court Rules, 2013 nor is there oral request to that effect. It appears that the respondent is not interested in filing counter affidavit and, therefore, opportunity to file counter affidavit stands declined.

Affidavit of valuation and Ad-valorem court fee have been filed.

C.A. No.7155/2019 Service is complete on the sole respondent vide order dated 6.9.2019, however, counter affidavit has not been filed till today. Ld. Advocate, Ms. Neha Agarwal, appearing on behalf of Mr. E.C. Agrawala, Advocate-on-record appears for the sole respondent and seeks four weeks’ more time to file Item No.76 -5- vakalatnama and counter affidavit. Four weeks’ time, as last chance, is granted as first and only extension in terms of Order V Rule 1(22), Supreme Court Rules, 2013.

Ld. Counsel for the appellant to file affidavit of valuation and Ad-valorem court fee within four weeks. D.No.40710/2019

None appeared for the respondent when called. Vakalatnama has been filed on behalf of the sole respondent on 17.12.2019, however, counter affidavit has not been filed till today. There is neither written application for extension of time to file pleadings in terms of Order V Rule 1(22), Supreme Court Rules, 2013 nor is there oral request to that effect. It appears that the respondent is not interested in filing counter affidavit and, therefore, opportunity to file counter affidavit stands declined.

Affidavit of valuation has been filed.

Ld. counsel for the appellant to file Ad-valorem court fee within four weeks.

List again on 31.3.2020.

ANIL LAXMAN PANSARE Registrar