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Calcutta High Court

State Of West Bengal And Others vs Nokia India Pvt. Ltd on 12 September, 2013

Author: Arun Mishra

Bench: Arun Mishra

                ORDER SHEET

       IN THE HIGH COURT AT CALCUTTA
           Civil Appellate Jurisdiction
                 ORIGINAL SIDE

               APOT 436 OF 2013
                GA 2712 of 2013
                GA 2713 of 2013
                     WITH
                WP 629 of 2012
      STATE OF WEST BENGAL AND OTHERS

                    Versus

             NOKIA INDIA PVT. LTD.


               APOT 437 of 2013
                GA 2715 of 2013
                GA 2716 of 2013
                     WITH
                WP 567 of 2012
SENIOR JOINT COMMISSIONER, SALES TAX AND ORS.

                    Versus

        U.A.L. INDUSTRIES LTD. AND ANR.


              APOT 438 OF 2013
               GA 2718 of 2013
               GA 2720 of 2013
                    WITH
               WP 624 of 2012
        STATE OF WEST BENGAL & ANR.

                    Versus

GLAXO SMITHKLINE CONSUMER HEALTHCARE LTD.

               APOT 439 of 2013
               GA 2717 of 2013
               GA 2719 of 2013
                    WITH
                WP 627 of 2012
                 2


 STATE OF WEST BENGAL AND ORS.

              Versus

           MARICO LTD.

         APOT 440 of 2013
          GA 2721 of 2013
          GA 2723 of 2013
               WITH
          WP 673 of 2012
   STATE OF WEST BENGAL & ORS.

              Versus

 ROHIT FERROTECH LIMITED & ANR.

        APOT 441 of 2013
         GA 2722 of 2013
         GA 2724 of 2013
              WITH
          WP 619 of 2012
 STATE OF WEST BENGAL AND ORS.

              Versus

PHILIPS CARBON BLACK LTD. AND ANR.

         APOT 442 of 2013
          GA 2725 of 2013
          GA 2727 of 2013
               WITH
          WP 649 of 2012
   STATE OF WEST BENGAL & ORS.

              Versus

   DUTCH TECH TOOLS PVT. LTD.

         APOT 443 of 2013
          GA 2730 of 2013
          GA 2732 of 2013
               WITH
          WP 646 of 2012
   STATE OF WEST BENGAL & ORS.
                     3


                  Versus

      AMBUJA CEMENTS LIMITED & ANR.

             APOT 444 of 2013
              GA 2728 of 2013
              GA 2729 of 2013
                   WITH
               WP 621 of 2012
      STATE OF WEST BENGAL AND ORS.

                  Versus

        RANBAXY LABORATORIES LTD.

             APOT 445 of 2013
              GA 2735 of 2013
              GA 2736 of 2013
                   WITH
              WP 674 of 2012
       STATE OF WEST BENGAL & ANR.

                  Versus

       IMPEX FERROTECH LTD. & ANR.

             APOT 446 of 2013
              GA 2733 of 2013
              GA 2734 of 2013
                   WITH
               WP 675 of 2012
      STATE OF WEST BENGAL AND ANR.

                  Versus

IMPEX METAL AND FERRO ALLOYS LTD. AND ANR.

             APOT 447 of 2013
              GA 2737 of 2013
              GA 2738 of 2013
                   WITH
               WP 659 of 2012
      STATE OF WEST BENGAL AND ORS.

                  Versus
                               4


                 VODAFONE EAST LTD. AND ANR

                       APOT 448 of 2013
                        GA 2743 of 2013
                        GA 2744 of 2013
                             WITH
                        WP 695 of 2012
JOINT COMMISSIONER, COMMERCIAL TAX, GROUP I BARRACKPORE & ORS.

                            Versus

                CENTURY EXTRUSION LTD. & ANR.

                        APOT 449 of 2013
                        GA 2739 of 2013
                        GA 2741 OF 2013
                             WITH
                         WP 595 of 2012
              THE STATE OF WEST BENGAL AND ORS.

                            Versus

            PEPSICO INDIA HOLDINGS PRIVATE LIMITED

                       APOT 450 of 2013
                        GA 2740 of 2013
                        GA 2742 of 2013
                             WITH
                        WP 465 of 2012
                STATE OF WEST BENGAL AND ORS

                            Versus

                    BHARTI TELEMEDIA LTD.

                       APOT 451 of 2013
                        GA 2745 of 2013
                        GA 2746 of 2013
                             WITH
                        WP 615 of 2012
                STATE OF WEST BENGAL AND ORS

                            Versus

                    TATA TELESERVICES LTD.
                 5


         APOT 452 of 2013
          GA 2747 of 2013
          GA 2748 of 2013
               WITH
          WP 628 of 2012
 THE STATE OF WEST BENGAL & ORS.

             Versus

      CADBURY INDIA LIMITED

         APOT 453 of 2013
          GA 2749 of 2013
          GA 2750 of 2013
               WITH
          WP 682 of 2012
   STATE OF WEST BENGAL & ANR.

             Versus

       SIEMENS LTD. & ANR.

        APOT 454 of 2013
         GA 2751 of 2013
         GA 2752 of 2013
              WITH
          WP 565 of 2012
 STATE OF WEST BENGAL AND ORS.

             Versus

   WHIRLPOOL OF INDIA LIMITED

          APOT 455 of 2013
          GA 2754 of 2013
          GA 2755 of 2013
               WITH
           WP 688 of 2012
THE STATE OF WEST BENGAL AND ORS.

             Versus

 EVEREADY INDUSTRIES INDIA LTD.

         APOT 456 of 2013
         GA 2756 of 2013
                     6


              GA 2757 of 2013
                   WITH
              WP 662 of 2012
     THE STATE OF WEST BENGAL & ORS.

                  Versus

       VODAFONE SOUTH LTD. & ANR.

             APOT 457 of 2013
              GA 2759 of 2013
              GA 2760 of 2013
                   WITH
              WP 648 of 2012
     THE STATE OF WEST BENGAL & ANR.

                  Versus

WACKER METROARK CHEMICALS PVT. LTD. & ORS.

              GA 2731 of 2013
                   WITH
             APOT 337 of 2013
              WP 509 of 2012
      STATE OF WEST BENGAL AND ORS

                  Versus

             ACC LTD AND ANR

              GA 2185 of 2013
             APOT 337 of 2013
                   WITH
               WP 509 of 2012
      STATE OF WEST BENGAL AND ORS.

                  Versus

            ACCI LTD. AND ANR.

              GA 2186 of 2013
             APOT 338 of 2013
                   WITH
              WP 464 of 2012
      STATE OF WEST BENGAL AND ORS
                                  7


                               Versus

                         BHARTI AIRTEL LTD.

                          GA 2187 of 2013
                         APOT 339 of 2013
                               WITH
                          WP 562 of 2012
                  STATE OF WEST BENGAL AND ORS

                               Versus

                 GODREJ CONSUMER PRODUCTS LTD.


BEFORE:

The Hon'ble CHIEF JUSTICE ARUN MISHRA

The Hon'ble JUSTICE JOYMALYA BAGCHI Date : 12th September, 2013.

Mr.Rakesh Dwivedi, Advocate Mr.Paritosh Sinha, Advocate Mr. Abhratosh Majumder, Advocate Mr. Soumitra Mukherjee, Advocate Mr. Debashis Ghosh, Advocate Mr. Avra Majumder, Advocate Miss Preetika Dwivedi, Advocate Miss S.Pathak, Advocate ...for State Mr.Somak Basu, Advocate ..for Philips Carbon Black Ltd.

Mr.J.P.Khaitan, Sr. Advocate Mr. Somak Basu, Advocate ...for Ambuja Cement Mr.J.P.Khaitan, Sr. Advocate Mr.Somak Basu, Advocate ...for ACC Limited.

Mr. Atish Ghosh, Advocate Mr.Deepro Sen, Advocate ..in item nos.

2,13,15,16,18,21,22,26,27.

8

The Court :- After having heard learned Counsel for the parties and after having satisfied with the reasons mentioned in the petitions for condonation of delay in preferring the appeals, the delay is condoned.

The applications for condonation of delay being nos. GA 2712 of 2013, GA 2715 of 2013, GA 2718 of 2013, GA 2717 of 2013, GA 2721 of 2013, GA 2722 of 2013, GA 2725 of 2013, GA 2730 of 2013, GA 2728 of 2013, GA 2735 of 2013, GA 2733 of 2013, GA 2737 of 2013, GA 2743 of 2013, GA 2739 of 2013, GA 2740 of 2013,GA 2745 of 2013, GA 2747 of 2013, GA 2749 of 2013, GA 2751 of 2013, GA 2754 of 2013, GA 2756 of 2013 and GA 2759 of 2013 are disposed of.

Let affidavit-in-opposition if it were not used before the Single Bench to the stay application be filed within three weeks from date.

Affidavit-in-opposition filed in GA 2185 of 2013 be kept on record. It is submitted that other connected appeals are to be heard analogously.

The learned Counsel for the appellants are directed to furnish the numbers of other connected appeals before the Registry of this Court so that the same can be heard analogously on the next date of hearing.

The appellants are given liberty to file rejoinders, if any, in case necessity arises.

List all these matters on 12th November, 2013. (JOYMALYA BAGCHI, J.) (ARUN MISHRA, C.J.) 9 GH.