Disposed

Mfar Developers Private Limited v. the Union of India

Karnataka HC5 Jan 2021WA/3770/2019

Case brief

AI extract

What is this about?

Single judge disposed two writ appeals filed challenging interlocutory orders in an underlying writ petition. Court extended existing interim order until the writ petition is finally decided, directing parties to cooperate for expeditious disposal before the single judge.

What did the court decide?

Extended interim order granted on 22.10.2020 till the disposal of the underlying writ petition before the learned Single Judge.

Mfar Developers Private Limited Vs… — Constitutional and Fundamental Rights | Karnataka HC (2021)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 5^TH DAY OF JANUARY, 2021

¶4

PRESENT

¶5

THE HON’BLE MRS.JUSTICE B.V.NAGARATHNA

¶6

AND

¶7

THE HON’BLE MRS.JUSTICE M.G.UMA

¶8

W.A.No.3770/2019 c/w W.A.No.3771/2019 (T –RES)

¶9

BETWEEN:

¶10

MFAR Developers Private Limited., Having office at: 3, Lavelle Road, St.Marks Road, Bangalore – 560 001. Through Mr. R.N.Nagaraja Gupta, Chief Financial Officer.

¶11

… Appellant

¶12

(Common)

¶13

(By Sri. J.K.Mittal, Advocate for Sri. Vikram Unni Rajagopal, Advocate (VC))

¶14

AND:

¶15

The Union Of India, Through its Secretary, Department of Revenue, Ministry of Finance, North Block, New Delhi – 110 011.

¶16

The Assistant Commissioner Of Central Tax, The Office of the Commissioner of Central Tax, Audit-II Commissionerate,

¶17

¶18

JSS Tower, 100 Feet Ring Road, Banashankari IIIrd Stage, Bengaluru – 560 085.

¶19

The Commissioner of Central Tax (AUDIT) Audit – II Commissionerate JSS Tower, 100 Feet Ring Road, Banashankari IIIrd Stage, Bengaluru – 560 085.

¶20

The Principal Commissioner Service Tax-I Commissionerate Traffic & Transit Management Centre, BMTC Building, 4^th Floor, Above BMTC Bus Stand, Domlur, Bengaluru – 560 071.

¶21

The Commissioner of central Tax Bengaluru – North Commissionerate, HMT Bhawan, Ganga Nagar,

¶22

Bengaluru – 560 032. … Respondents

¶23

(Common)

¶24

(By Sri. Jeevan J. Neeralgi, Advocate for R-2 to R-5, R-1 Served )

¶25

W.A.No.3770/2019 is filed under Section 4 of the Karnataka High Court Act praying to set aside the order dated 04/04/2019 passed by the learned Single Judge on IA No.2/2019 in WP.No.9566/2019 (T-RES) and consequently dismiss IA.No.2/2019 in WP No.9566/2019.

¶26

W .A.No.3771/2019 is filed under Section 4 of the Karnataka High Court Act praying to set aside the order dated 28/08/2019 passed by the learned Single Judge on IA No.3/2019 in WP.No.9566/2019 (T-RES) and

¶27

¶28

consequently dismiss IA.No.3/2019 in WP No.9566/2019 [T-RES].

¶29

These appeals coming on for Preliminary Hearing this day, NAGARATHNA, J., delivered the following:

¶30

JUDGMENT

¶31

Sri Jeevan J. Neeralgi, learned counsel appearing for respondents 2 to 5 submits that the writ petition is listed for final hearing and therefore, pendency of writ appeals and the interim order passed in these appeals may not come in the way of expeditious disposal of the writ petition.

¶32

By way of response, learned counsel for appellant submits that the interim order granted in these appeals may be continued till the disposal of the writ petition and the appeals may be accordingly disposed.

¶33

We find force in the contentions of learned counsel

¶34

on both sides. In the circumstances, we dispose these appeals by extending the interim order granted by this

¶35

¶36

Court on 22.10.2020 in these appeals till the disposal of the writ petition.

¶37

It is needless to observe that on account of aforesaid direction, appellant shall not procrastinate the matter before the learned Single Judge.

¶38

Both parties are directed to co-operate with the learned Single Judge for expeditious disposal of the writ petition which is stated to be taken up for final hearing shortly.

No costs.

Sd/JUDGE

Sd/JUDGE

PKS

Mfar Developers Private Limited v. the Union of India

Case brief

What is this about?

What did the court decide?

Mfar Developers Private Limited v. the Union of India

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

Coram

Case details

Similar cases

Sri B D Mukunda Vs the State of Karnataka

State of Karnataka Vs Sri Nagaraj

Smt Anasuya Vs State of Karnataka

Priya Krishna Vs the Returning Officer

Sri O Rajanna Vs the State of Karnataka

Mfar Developers Private Limited Vs the Union of India