Disposed

Delhi Gujarat Fleet Carriers Pvt. Ltd. v. The State Of Bihar, Through Commissioner Cum Secretary Cum Principal Secretary, Commercial Taxes De

Patna HC19 Oct 2016MJC/3147/2016

Case brief

AI extract

What is this about?

Petitioner sought condonation of delay in filing an appeal and release of seized goods. Court extended time for appeal and ordered release of goods within 24 hours.

What did the court decide?

Appeal time extended until 18-08-2016; respondents directed to release goods and vehicle within 24 hours.

What the court decided

Delhi Gujarat Fleet Carriers Pvt. Ltd. Vs The State… — Writ and Judicial Review | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Miscellaneous Jurisdiction Case No.3147 of 2016 Arising out of

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Civil Writ Jurisdiction Case No. 11760 of 2016

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Delhi Gujarat Fleet Carriers Pvt. Ltd. 28/5 & 6 Opp. motor Fuel Petrol Pump, Samlakaha, New Delhi- 100037, Represented through Santosh Kumar (Manager D.G.F.C.) son of Shivbachan Chaudhary aged about 33 years, resident of villagePaigambarpur, P.O.+P.S. Ahiyapur, District- Muzaffarpur.

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.... .... Petitioner/s

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Versus

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The State of Bihar, through Commissioner-cum-Secretary-cum-Principal Secretary, Commercial Taxes Department, Government of Bihar, Vikas Bhawan, Bailey Road, Patna.

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The Assistant Commissioner, Check Post of Bihar Commercial Tax Department, Jalalpur, Gopalganj, Bihar.

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The Commercial Tax Officer, Check Post of Bihar Commercial Tax Department, Jalalpur, Gopalganj, Bihar.

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The Officer-in-Charge, Check Post of Bihar Commercial Tax Department, Jalalpur, Gopalganj, Bihar.

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The Joint Commissioner of Commercial Taxes (Appeals) Muzaffarpur, Division.

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.... .... Respondent/s

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=========================================================== Appearance : For the Petitioner/s : Mr. Rajeev Ranjan, Advocate For the Respondent/s : Mr. Pramod Kumar Singh, A.C. to S.C.16

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CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA

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And

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HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

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ORAL JUDGMENT

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(Per: HONOURABLE MR. JUSTICE HEMANT GUPTA)

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Date: 19-10-2016

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The prayer of the petitioner is to condone the delay in filing of appeal filed on 18^th of August, 2016, though the order passed by this Court on 27^th July, 2016 contemplated that if the remedy of appeal is not availed within 15 days, it shall be open to the Department to encash the Bank Guarantee. It is contended that the Bank Guarantee

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was furnished on 16^th of August, 2016, but the memorandum of appeal

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Patna High Court MJC No.3147 of 2016 dt.19-10-2016

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2/2

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could not be presented within 15days on account of communication gap between the petitioner and the counsel but was filed on 18^th August, 2016.

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Keeping in view the fact that the appeal was filed not after much delay, we deem it appropriate to extend the time of availing the remedy of appeal till 18^th of August, 2016.

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Learned counsel for the petitioner further points out that the vehicle and the goods have not been released though the Bank Guarantee was furnished on 16^th of August, 2016.

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In view of the said fact, we direct the respondents to release the goods and the vehicle within 24 hours, failing which we give liberty to the petitioner to file a petition for contempt of the orders of this Court.

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The MJC stands disposed of.

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(Hemant Gupta, J.)

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(Ahsanuddin Amanullah, J.)

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Sunil/-

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AFR/NAFR	N.A.F.R.
CAVDATE	N.A.
UploadingDate	19.10.2016
Transmission Date

Delhi Gujarat Fleet Carriers Pvt. Ltd. v. The State Of Bihar, Through Commissioner Cum Secretary Cum Principal Secretary, Commercial Taxes De

Case brief

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Delhi Gujarat Fleet Carriers Pvt. Ltd. v. The State Of Bihar, Through Commissioner Cum Secretary Cum Principal Secretary, Commercial Taxes De

Case brief

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What did the court decide?

What the court decided

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