Chokshi Texlen Pvt. Ltd. vs State Of Gujarat on 26 February, 2020

[Cites 2, Cited by 0]

Gujarat High Court

Chokshi Texlen Pvt. Ltd. vs State Of Gujarat on 26 February, 2020

Equivalent citations: AIRONLINE 2020 GUJ 190

Author: J.B.Pardiwala

Bench: J.B.Pardiwala, Bhargav D. Karia

          C/SCA/5102/2020                                        ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 5102 of 2020
==========================================================
                                 CHOKSHI TEXLEN PVT. LTD.
                                              Versus
                                     STATE OF GUJARAT
===========================================================================
Appearance:
UCHIT N SHETH(7336) for the Petitioner(s) No. 1,2
for the Respondent(s) No. 2
MR CHINTAN DAVE, AGP for the Respondent(s) No. 1
==========================================================
 CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
        and
        HONOURABLE MR. JUSTICE BHARGAV D. KARIA

                               Date : 26/02/2020

                         ORAL ORDER

(PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA)

1. Rule, returnable forthwith. Mr.Chintan Dave, the learned Assistant Government Pleader waives service of notice of rule for and on behalf of the respondents.

2. By this Writ-Application under Articles 226 of the Constitution of India, the writ-applicants have prayed for the following reliefs:

"A. This Hon'ble Court may be pleased to issue a writ of mandamus or a writ in nature of mandamus or any other appropriate writ or order directing the learned Respondents to forthwith withdraw the charge and attachment on property located at Plot No.4/C, Block No.211, Survey No.133/2, Village Karanj, Taluka Mandvi, District Surat in respect of alleged dues of erstwhile owner of the property i.e. Varun Filaments Pvt. Ltd. under the Vat Act in compliance with the judgment of this Hon. Court dated 18.10.2019 in Special Civil Application No.8096 of 2019;

Page 1 of 3 Downloaded on : Fri Feb 28 00:57:02 IST 2020 C/SCA/5102/2020 ORDER

B. Pending notice, admission and final hearing of this petition, this Hon'ble Court may be pleased to forthwith withdraw the charge and attachment on property located at Plot No.4/C, Block No.211, Survey No.133/2,Village Karanj, Taluka Mandvi, District Surat in respect of alleged dues of the erstwhile owner of the property i.e. Varun Filaments Pvt. Ltd. under the Vat Act in compliance with the judgment of this Hon'ble Court dated 18.10.2019 in Special Civil Application No.8096 of 2019;

C. Ex parte ad interim relief in terms of prayer B may kindly be granted;

D. This Hon'ble Court may be pleased to direct the Respondents to pay cost of the present petition to the Petitioners;

E. Such further relief(s) as deemed fit in the facts and circumstances of the case may kindly be granted in the interest of justice for which act of kindness your petitioners shall forever pray."

3. We need not state the facts of this litigation as they have been exhaustively discussed in the order passed by the Co-ordinate Bench of this Court, dated 18th October, 2019, in the Special Civil Application No.8096 of 2019. We take notice of the last part of the order passed by the Co-ordinate Bench of this Court in paragraph No.19, which reads thus "19. In the light of the above discussion, the petition succeeds and is, accordingly, allowed. The respondents are directed to withdraw the charge and attachment on property located at Plot No.4/C, Block No.211, survey No.133/2, Village Karanj, Taluka Mandvi, District Surat, in respect of alleged dues of the erstwhile owner of the property, that is, Varun Filaments Private Limited under the Gujarat Value Added Tax Act, 2003. Rule is made absolute accordingly, with no order as to costs."

Page 2 of 3 Downloaded on : Fri Feb 28 00:57:02 IST 2020 C/SCA/5102/2020 ORDER

4. It is clear that the respondents were directed to withdraw the charge and the attachment on the property, located at Plot No.4/C, Block No.211, Survey No.133/2, Village Karanj, Taluka Mandvi, District Surat, in respect of alleged dues of the erstwhile owner of the property namely Varun Filaments Private Limited under the Gujarat Value Added Tax Act, 2003. However, the grievance voiced by the writ-applicant in the present Writ-Application is that till this date, directions issued by this Court, as contended in paragraph No.19, referred to above, have not been complied with.

5. We give one last opportunity to the respondent No.2 to comply with the directions, issued by this Court, referred to above. Let the directions be complied within a period of four weeks from the date of receipt of the writ of this order.

6. In view of the above, the Writ-Application stands disposed of.

Direct service is permitted.

(J. B. PARDIWALA, J) (BHARGAV D. KARIA, J) PALAK Page 3 of 3 Downloaded on : Fri Feb 28 00:57:02 IST 2020

Legal Document View

Unlock Advanced Research with PRISMAI

Gujarat High Court