Commissioner Of Sales Tax , Mumbai vs Datar Switchgear Ltd on 23 March, 2015
Before: Shri S. S. Agate,
Master & Asstt. Prothonotary (Judl.)
Date
reliance on the judgment of Supreme Court in
case of Datar Switchgears Ltd. vs. Tata Finance Ltd. and another ... parts of the judgments of Supreme
Court in case of Datar Switchgears Ltd. (supra) in support of his submission that
since there
Punj Lloyd Ltd. vs.
Petronet MHB Ltd.). He also relied on (2000) 8 SCC 151 ( Datar
Switchgears Ltd. vs. Tata Finance Ltd. ). He further ... bone of contention of
Shri Prashant Sharma is based on Datar Switchgears Ltd. and Punj
Lloyd (supra). To elaborate, it is contended that
invalidated. In this regard, reliance has been placed on Datar
Switchgears Ltd. Versus Tata Finance Ltd. and another [(2000) 8
SCC 151] and Deep ... notice from the first
party. While the decision in Datar Switchgears Ltd. (supra) may
have introduced some flexibility in the time frame agreed upon
application. Shri Prashant Sharma relied on (2000) 8
SCC 151 ( Datar Switchgears Ltd. vs. Tata Finance Ltd. ) and (2006) 2
SCC 638 (Punj Lloyd ... much after filing of the
present application. Thus, as per Datar Switchgears Ltd. and Punj
Lloyd Ltd. (supra), the respondents cannot be permitted
Equipments Private
Limited vs. M/s. Ganpati Co-op. Housing Society Limited and
Others3 and Maharashtra State Electricity Board vs. Datar
Switchgear Limited ... Court will be invoked.
28. In the case of Datar Switchgear Limited (supra) the
learned judge held that the power of the Court under
invalidated. In this regard,
reliance has been placed on Datar
Switchgears Ltd. Versus Tata Finance Ltd.
and another [(2000) 8 SCC 151] and Deep ... notice from the first party. While the
16
decision in Datar Switchgears Ltd. (supra)
may have introduced some flexibility in
the time frame agreed
heavy reliance upon the
decision of this Court in Iridium India Telecom Ltd. v. Motorola Inc [2].
He further submitted that merely on the basis ... held in Maharashtra State
Electricity Distribution Co. Ltd. v. Datar Switchgear Ltd. [3] in the
following manner:
"27. A bare perusal
State of UP3 ; Maharashtra State Electricity Distribution
Company Ltd. v. Datar Switchgear Ltd.4 ; and GHCL
Mr. Gulamali Amrullah Babul And 2 Ors vs Shabbir Salebhai Mahimwala on 29 October, 2015
