Su Kam Power Systems Ltd. v. The State Of Bihar and Anr.
Case brief
What is this about?
CWJC No.7789 of 2015 (4) dt.07-07-2015 IN…
What the court decided
Patna High Court CWJC No.7789 of 2015 (4) dt.07-07-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7789 of 2015
====================================================== Su Kam Power Systems Ltd., a company incorporated under the Companies Act, 1956 having its registered office at Plot no. 54, Udyog Bihar, PhaseVI, Sector 37, P.O. Sadar Bazar , P.S. Sector 37, Gurgaon (Haryana) and branch Office at Rana Niwas , East Boring Canal Road , P.O. Boring Road, P.S. Budha Colony, District- Patna, through its Assistant Manager , Lal Mohammad, son of Mohammad Khalil, resident of 701, Janta Flat, Pocket2 , Paschim Puri, P.O.+ P.S. Madipur, New Delhi. .... .... Petitioner/s Versus 1. The State of Bihar through the Commissioner-cum-Secretary, Commercial Taxes , Bihar, Patna having its office at Vikas Bhawan , Bailey Road, Patna. 2. Assistant Commissioner of Commercial Taxes , Patilputra Circle, Patna. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. D.V.Pathy Mrs. Manju Jha Mr. P.K. Mishra For the Respondent/s : Mr. Vikash Kumar, A.C. to PAAG ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) 4 07-07-2015 Upon hearing learned counsel for the petitioner and learned counsel for the State and considering the statements made in the counter affidavit, we are of the view that the case is not one of undisputed facts and, therefore, the appropriate remedy for the petitioner would be to challenge the impugned order by taking recourse to statutory remedy available to it.
The writ application is, accordingly, disposed of with liberty to the petitioner to take recourse to appropriate remedy. In
Patna High Court CWJC No.7789 of 2015 (4) dt.07-07-2015
Issues for consideration
2 issues framed by the court
Whether the writ application involving disputed commercial tax facts should be disposed of summarily or if the petitioner should be directed to pursue the statutory remedy available.
Whether the petitioner can seek an interim stay pending the appellate authority's decision on the stay petition filed within four weeks.
Parties & counsel
- petitioner
Su Kam Power Systems Ltd.
- respondent
The State of Bihar through the Commissioner-cum-Secretary, Commercial Taxes
- respondent
Assistant Commissioner of Commercial Taxes, Patilputra Circle, Patna
Coram
Case details
As recorded by the court registry
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