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Supreme Court - Daily Orders

The State Of Uttar Pradesh vs M/S Bansal Wire Industries Ltd on 7 January, 2020

Bench: D.Y. Chandrachud, Hrishikesh Roy

                                                           1

     ITEM NO.4                                   COURT NO.8                  SECTION XI

                                     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).29175-29178/2019

     (Arising out of impugned final judgment and order dated 07-08-2019
     in MB No. 5055/2019,MB No. 11312/2019, MB No. 21139/2018 and MB No.
     6137/2019 passed by the High Court of Judicature at Allahabad,
     Lucknow Bench)

     THE STATE OF UTTAR PRADESH                                                Petitioner(s)

                                                          VERSUS

     M/S BANSAL WIRE INDUSTRIES LTD & ORS.                                     Respondent(s)

     (WITH IA No.189885/2019-EXEMPTION FROM FILING O.T.)

     Date : 07-01-2020 These petitions were called on for hearing today.

     CORAM :
                            HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
                            HON'BLE MR. JUSTICE HRISHIKESH ROY

     For Petitioner(s)                     Ms.   Aishwarya Bhati, Sr. Adv.
                                           Mr.   Nithin D., Adv.
                                           Ms.   Kirti K., Adv.
                                           Ms.   Rukhmini Bobde, Adv.
                                           Mr.   Shashank Shekhar Singh, AOR

     For Respondent(s)                     Mr.   Krishnan Venugopal, Sr. Adv.
                                           Mr.   Tanuj Bhushan, Adv.
                                           Ms.   Nandita Chouhan, Adv.
                                           Mr.   Ravinder Nijhawan, Adv.
                                           Mr.   S. S. Shroff, AOR


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

We are not inclined to entertain the Special Leave Petition under Article 136 of the Constitution. Signature Not Verified The Special Leave Petition is dismissed. Digitally signed by SANJAY KUMAR Date: 2020.01.07 16:49:15 IST Reason: However, Ms Aishwarya Bhati, learned senior counsel appearing on behalf of the State, submits that as a result of the operative directions contained in paragraph 2 19 of the judgment of the High Court, the period of six months for effecting refund will expire on 7 February 2020. Learned senior counsel submits that an extension by a further period of six months may be granted so as to obviate the consequence of interest being required to be paid at the rate of 10% per annum.

We are of the view that while a reasonable extension should be granted to the State to comply with the order of the High Court, a period of six months would be excessive. We accordingly extend the period granted by the High Court until 15 April 2020 failing which the consequences envisaged in the order of the High Court shall ensue.

Pending application, if any, stands disposed of.

 (SANJAY KUMAR-I)                               (SAROJ KUMARI GAUR)
    AR-CUM-PS                                      COURT MASTER