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Supreme Court - Daily Orders

Stressed Assets Stablization Fund ... vs Commercial Tax Department on 23 August, 2022

Bench: D.Y. Chandrachud, A.S. Bopanna

                                                             1

     ITEM NO.2                                   COURT NO.3                      SECTION IV-C

                                     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).22224/2016

     (Arising out of impugned final judgment and order dated 20-04-2016
     in WP No. 13709/2013 passed by the High Court of M.P. at Indore)

     STRESSED ASSETS STABLIZATION FUND (SASF)                                      Petitioner(s)

                                                           VERSUS

     COMMERCIAL TAX DEPARTMENT & ANR.                                              Respondent(s)

     Date : 23-08-2022 This petition was called on for hearing today.

     CORAM :
                             HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
                             HON'BLE MR. JUSTICE A.S. BOPANNA
                             HON'BLE MR. JUSTICE J.B. PARDIWALA

     For Petitioner(s)                     Mr.   Parag P Tripathi, Sr. Adv.
                                           Mr.   Rabin Majumder, AOR
                                           Mr.   Sumit Nagpal, Adv.
                                           Ms.   Mishika Bajpai, Adv.

     For Respondent(s)                     Mr. Saurabh Mishra, AAG
                                           Mr. Prithviraj Singh, Adv.
                                           Mr. Sunny Choudhary, AOR


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

1 During the course of the hearing, the provisions of Section 26E of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 and Section 31B of the Recovery of Debts and Bankruptcy Act 1993 have been placed for consideration. Both these provisions came into effect on 1 September 2016. The impact of the amendments, it has Signature Not Verified Digitally signed by Sanjay Kumar been urged on behalf of the State of Madhya Pradesh, is pending consideration Date: 2022.08.23 17:29:47 IST Reason: before this Court in a batch of cases arising from the States of Madhya Pradesh, Maharashtra and Tamil Nadu. Reliance has been placed on an order dated 22 2 November 2021 in Commissioner of Sales Tax MP & Anr v Punjab National Bank Etc.1 and connected cases, where leave has been granted. 2 In view of the above position, leave is granted.

3 Tag with SLP(C) Nos 6866-6867 of 2018.

          (SANJAY KUMAR-I)                               (SAROJ KUMARI GAUR)
          DEPUTY REGISTRAR                                   COURT MASTER




1 SLP(C) Nos 6866-6867 of 2018