High CourtsDivision Bench(2010) 03 CAL CK 0027

Commr. of S. Tax vs Karam Chand Thappar and Bros. (Coal Sales) Ltd.

Calcutta High Court · Decided on 17 March 2010 · Citation: (2010) 19 STR 333

HON’BLE JUDGES
Kalyan Jyoti Sengupta, J · Kalidas Mukherjee, J
CASE NUMBER
G.A. No. 597 of 2010, A.P.O.T. No. 107 of 2010 and W.P. No. 1359 of 2007

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Judgment

11 paragraphs · 268 words
1.

This appeal has been preferred against the judgment and/or order passed on 22nd July, 2009 by which the learned Trial Judge allowed the prayer of the writ petitioner wholly that the registration can only be granted in the category in respect of which the application for registration has been submitted. However, the cross-objection has also been filed as against some observations of the learned Trial Judge.

2.

Mr. Roychowdhury, prays for stay of operation of the judgment and/or order appealed against and also crossly objected to.

3.

We are of the view when the appellant could wait from July, 2009 till today without any protection or the cross protection in the shape of interim order, therefore, there is no harm to wait for another fortnight or three weeks time.

4.

We are also of the view that refusal to grant stay will not affect anyone''s right at the present moment.

5.

Mr. Roychowdhury submits that self same matter is pending adjudication before the Learned Tribunal.

6.

We are not making any comment nor are we granting stay of the proceedings.

7.

Let informal paper books be filed enclosing the cross-objection within a week from date. The matter will appear for hearing fortnight hence.

8.

This order is passed without prejudice to the rights and contentions of all the parties.

9.

Needless to mention, all actions including the cross proceedings pending before the learned Tribunal will abide by the result of this decision.

10.

Stay application is, accordingly, disposed of.

11.

All parties concerned are to act on a signed photocopy of this order on the usual undertakings.