SCA/825320/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 8253 of 2008 ========================================= HINDUSTTRAN GAS INDUSTRIES ATPRESENT KNOWN AS HGI FOUNDRIES - Petitioner(s) Versus COMMISSIONER (APPEAL) & 1 - Respondent(s) ========================================= Appearance : MR RC JANI for Petitioner(s) : 1, MR HARIN P RAVAL for Respondent(s) : 1, NOTICE SERVED BY DS for Respondent(s) : 2, ========================================= CORAM : HONOURABLE MR.JUSTICE D.A.MEHTA and HONOURABLE MS.JUSTICE H.N.DEVANI Date : 29/07/2008 ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE D.A.MEHTA)
1. This
petition has been preferred challenging order dated 2.5.2008 made by
Commissioner (Appeals) in stay application filed by the petitioner
directing the petitioner to deposit the amount as recorded in the
order. However, subsequent thereto, the petitioner has already moved
a miscellaneous application for modification of stay order on
12.5.2008 before Commissioner (Appeals). The learned counsel for the
respondents, Mr. Mithani states, on instructions, that the said
miscellaneous application is yet pending before Commissioner
(Appeals).
2. In
the aforesaid circumstances, though the learned counsel for the
appellant has made submissions on merits of the matter, the Court
does not find it necessary to enter into any discussion on merits of
the issue in light of the fact that the application for modification
of stay order is pending as of date, as informed, before Commissioner
(Appeals).
3. In
the result, the petition does not merit acceptance only on this
limited count and is accordingly rejected. Notice discharged.
(D.A.
MEHTA, J.)
(HARSHA
DEVANI, J.)
shekhar/-