Court No. - 30 Case :- WRIT - C No. - 62376 of 2008 Petitioner :- M/S Agaral Associates Colonizers Ltd Respondent :- State Of U.P. & Others Petitioner Counsel :- Pankaj Kumar Tyagi,Smt. Archana Tyagi Respondent Counsel :- C.S.C. Hon'ble Bharati Sapru,J.
Heard learned counsel for the petitioner and having perused
the appellate order dated 13.8.2008.
The delay is condoned by this Court. In case the petitioner
has deposited 1/3 of the disputed tax before the appellate
authority, the appellate authority may hear and consider the
case of the petitioner on merits and in accordance with law.
The appellate authority shall pass orders within a period of
three months from the date of production of a certified copy
of this order being placed before the appellate authority
which may be placed by the petitioner within a period of one
week from today.
In case the petitioner has deposited 1/3rd of the disputed
amount before the appellate authority, no coercive action
may be taken against the petitioner, till consideration of the
stay application before the appellate authority. The stay
application of the petitioner shall be considered by the
appellate authority in the very first instance and order shall
be passed on it.
With the aforesaid observations, the writ petition is disposed
of finally.
Copy of this order may be given to the learned standing
counsel for necessary communication.
Order Date :- 7.1.2010
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