Jharkhand High Court
Emta Coal Limited Th Its Assistant ... vs The State Of Jharkhand And Ors on 13 June, 2016
Author: D.N.Patel
Bench: D.N.Patel
THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(T) No. 5567 of 2015
EMTA Coal Limited, a company duly registered under the provisions of
Companies Act, 1956, having its registered office at 5B, Nandlal Basu
Sarani, Kolkata-71, through its Assistant Manager Coordination and
authorized signatory Rajesh Chandra Ranjan R/o Plot No. 160, New A.G.
Cooperative Colony Kadru, PO Hinoo, PS Argora Ranchi -834002
....... ....... Petitioner
Vs.
The State of Jharkhand & ors. .......... .......... Respondents
CORAM: HON'BLE MR. JUSTICE D.N.PATEL
: HON'BLE MR. JUSTICE RATNAKER BHENGRA
For the Petitioner : Mrs. A.R.Choudhary, Advocate
For the Respondents : Mr. Ajit Kumar
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07/Dated: 13 June, 2016 th
1. Despite notices issued by the respondent-state on 4 th August, 2015 which is annexed as Annexure-10 to the memo of this writ petition, Counsel for the state is unable to point out whether any recovery has been made or not.
2. We, therefore, direct the Commissioner of Commercial Taxes, Government of Jharkhand, to file an affidavit answering what actions have been taken by the respondent-state in pursuance of Annexure-10 to the memo of this writ petition. It should not be happened that the department issuing a notice is giving a stay itself because no competent court or tribunal have ever given stay in this matter. 3 Learned counsel for the State has submitted that the petitioner- company is not traceable and neither whereabouts of its Director or any other of this petitioner-company is available. Petitioner-company is seems to be an invisible company.
4. Affidavit shall be filed by the Commissioner of Commercial Taxes, Government of Jharkhand, by next date of hearing.
5. This matter is adjourned to be listed on 4th July, 2016.
(D.N.Patel,J.) (Ratnaker Bhengra, J.) Nibha