Dismissed

M/s.Jaisu Shipping Company (P) Limited, v. M/s Mstc limited

Andhra Pradesh HC30 Aug 2023WP/4931/2001

Case brief

AI extract

What is this about?

The High Court of Andhra Pradesh, Amaravati, dismissed a writ petition filed in 2001 concerning sales tax liability. The petition was declared abandoned due to the petitioner's demonstrated lack of interest, leading to dismissal for non-prosecution without costs.

What did the court decide?

The writ petition was dismissed for non-prosecution without costs; pending interlocutory applications were closed.

M/s.Jaisu Shipping Company (P)… — Constitutional and Fundamental Rights | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

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WEDNESDAY, THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HON'BLE SRI JUSTICE U.DURGA PRASAD RAO AND

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THE HON'BLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA

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WRIT PETITION NO: 4931 OF 2001

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Between:

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M/s.Jaisu Shipping Company (P) Limited, "Kewalramini House", Dinsha Building Road, Near Custom House, Kandal Port-370 220, Gujarat. Rep. by its General Manager.

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...PETITIONER

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AND

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1, M/s MSTC limited, 30-15-76, 2^nd Floor, Dabagardens, Subbaramireddy Complex.

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The Commercial Rax Officer, Dabagardens Circle, Visakhapatnam. (assessing authority of the MSTC Limited).

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate writ or order direction declaring the communication of the 2^nd Respondent dt: 5-3-2001 to the 1St Respondent stating that the 1St Respondent is liable to sales tax at 12% on the sale of dredger as illegal and arbitrary and direct the 1St Respondent to refund the sales tax amount of Rs.24,48,000/- collected at 12% with reference to sale of dredger vide Delivery Order No. 1504 dt: 21-2-2001 issued by the^1st Respondent or in any event declare that the Petitioner is liable to sales tax of Rs. 8,14,000/- only at 4% and direct the 1St Respondent to refund the excess tax.

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I.A. NO: 1 OF 2001(WPMP. NO: 6305 OF 2001)

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 1st Respondent to refund sales tax of Rs. 24,48,000/- without remitting to the 2^nd Respondent subject to the petitioner furnishing bank guarantee for the amount in favour of the 1st Respondent pending disposal of the Writ Petition.

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Counsel for the Petitioner: SRI S. DWARAKANATH

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Counsel for the Respondents: SPL GP FOR TAXES

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The Court made the following: ORDER

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HON'BLE SRI JUSTICE U.DURGA PRASAD RAO AND HON'BLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA

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WRIT PETITION No.4931 of 2001

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ORDER: (per UDPR, J

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When the matter is taken up for hearing, it is brought to the notice of this Court that the learned counsel for petitioner filed a memo dated 07.02.2020 stating that the notice sent to the petitioner seeking instructions for arguing the matter was returned with an endorsement `left', as such, he could not contact the petitioner.

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In the circumstances stated above by the learned counsel for petitioner, it appears that the petitioner is not evincing interest to give his changed address particulars, if any, to his counsel to keep in touch with him. Therefore, it shall be deemed that the petitioner is not evincing interest in pursuing the writ petition. It is an old matter of the year 2001.

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In these circumstances, this writ petition is dismissed for nonprosecution. No costs. As a sequel, interlocutory applications pending, if any, in this case shall stand closed.

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SD/- K. SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER

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To,

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One CC to Sri S. Dwarakanath, Advocate [OPUC] 2. Two CCs to Spl GP for Taxes, High Court of Andhra Pradesh at Amaravati [OUT] 3. Two C.D. Copies Cnr

HIGH COURT

DATED:30/08/2023

ORDER

WP.No.4931 of 2001

d J .~ O5= AND q ^
fir 16 OCT 2023 m
oJJ
ti * Current Section *

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DISMISSING THE W.P. FOR NON-PROSECUTION WITHOUT COSTS

M/s.Jaisu Shipping Company (P) Limited, v. M/s Mstc limited

Case brief

What is this about?

What did the court decide?

M/s.Jaisu Shipping Company (P) Limited, v. M/s Mstc limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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