IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P. No. 493 of 2007
The State of Jharkhand & Ors. ... Petitioners
Vrs.
Jayaswals Neco Ltd. ... Respondent
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CORAM: HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE MRS. JAYA ROY
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For the Petitioners: Mr.
For the Respondent : -------
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Order No.04 Dated: 09th of September, 2011.
This application has been submitted for modification / clarification of
the order dated 12.09.2007 and according to the learned counsel for the
petitioner, in a matter of entry tax the petitioner claimed the refund of
Rs.2,99,50,918/- and a Division Bench of this Court vide order dated
12.09.2007
following the earlier decision given by this Court in W.P.(T)
No. 1277 of 2007 allowed the writ petition and directed the respondent to
refund the disputed amount to the petitioner on furnishing the bank
guarantee of the said amount.
Learned counsel for the applicant submitted that the matter is
pending before the Hon’ble Supreme Court in Special Leave to Appeal
(Civil) No. 15807 of 2007 wherein judgement passed in W.P.(T) No. 1277
of 2007 has been challenged and a bare perusal of the copy of the order
clearly shows that no interim order has been passed staying the operation
of the judgement passed in W.P.(T) No. 1277 of 2007. Therefore, we do
not find any error in the order dated 12.09.2007 and the rights of the
applicant State is already protected by demanding the bank guarantee
from the writ petitioner. Obviously it means, in case the matter is decided
against the petitioner and judgement in W.P.(T) No. 1277 of 2007 is
reversed or any order requiring refund of the amount from writ petitioner in
W.P.(T) No. 1010 of 2007 is passed, he will be bound by that decision,
therefore, we do not find any need for any clarification and correction in
the impugned order.
Hence, this miscellaneous petition is dismissed.
(Prakash Tatia, A.C.J.)
(Jaya Roy, J.)
D.S./Sudhir.