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Colona Blenders And Bottlers (India) ... vs The State Of Bihar on 24 November, 2023

75. On the other hand, Mr. P.K. Shahi, learned Advocate General relied on Whirlpool Corporation Vs. Registrar of Trade Marks, Mumbai and Ors. reported in (1998) 8 SCC 1 (Para 14 and 15) and Commissioner of Income Tax and Ors. vs. Chhabbil Das Agarwal reported in (2014) 1 SCC 603 (Para 15) to overcome the decisions cited on behalf of the petitioners to the extent that the petitioners have to exhaust the statutory remedy before invoking Article 226 in filing writ petition.

Pernod Ricard India (P) Limited vs The State Of Bihar on 24 November, 2023

75. On the other hand, Mr. P.K. Shahi, learned Advocate General relied on Whirlpool Corporation Vs. Registrar of Trade Marks, Mumbai and Ors. reported in (1998) 8 SCC 1 (Para 14 and 15) and Commissioner of Income Tax and Ors. vs. Chhabbil Das Agarwal reported in (2014) 1 SCC 603 (Para 15) to overcome the decisions cited on behalf of the petitioners to the extent that the petitioners have to exhaust the statutory remedy before invoking Article 226 in filing writ petition.

Molson Coors Cobra India Pvt. Ltd vs The State Of Bihar on 24 November, 2023

75. On the other hand, Mr. P.K. Shahi, learned Advocate General relied on Whirlpool Corporation Vs. Registrar of Trade Marks, Mumbai and Ors. reported in (1998) 8 SCC 1 (Para 14 and 15) and Commissioner of Income Tax and Ors. vs. Chhabbil Das Agarwal reported in (2014) 1 SCC 603 (Para 15) to overcome the decisions cited on behalf of the petitioners to the extent that the petitioners have to exhaust the statutory remedy before invoking Article 226 in filing writ petition.

Carlsberg India Private Limited vs The State Of Bihar on 24 November, 2023

75. On the other hand, Mr. P.K. Shahi, learned Advocate General relied on Whirlpool Corporation Vs. Registrar of Trade Marks, Mumbai and Ors. reported in (1998) 8 SCC 1 (Para 14 and 15) and Commissioner of Income Tax and Ors. vs. Chhabbil Das Agarwal reported in (2014) 1 SCC 603 (Para 15) to overcome the decisions cited on behalf of the petitioners to the extent that the petitioners have to exhaust the statutory remedy before invoking Article 226 in filing writ petition.

Ranchi Power Distribution Company ... vs Jharkhand Bijli Vitran Nigam Limited ... on 19 November, 2015

46. It must be remembered that stay of an action initiated by the State and/or its agencies/instrumentalities for recovery of taxes, cess, fees, etc. seriously impedes execution of projects of public importance and disables them from discharging their constitutional and legal obligations towards the citizens. In cases relating to recovery of the dues of banks, financial institutions and secured creditors, stay granted by the High Court would have serious adverse impact on the financial health of such bodies/institutions, which (sic will) ultimately prove detrimental to the economy of the nation. Therefore, the High Court should be extremely careful and circumspect in exercising its discretion to grant stay in such matters. Of course, if the petitioner is able to show that its case falls within any of the exceptions carved out in Baburam Prakash Chandra Maheshwari v. Antarim Zila Parishad, Whirlpool Corpn. v. Registrar -60- of Trade Marks and Harbanslal Sahnia v. Indian Oil Corpn. Ltd. and some other judgments, then the High Court may, after considering all the relevant parameters and public interest, pass an appropriate interim order.
Jharkhand High Court Cites 106 - Cited by 1 - R Mukhopadhyay - Full Document
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