IN THE HIGH COURT OF JUDICATURE AT PATNA
MJC No.40 of 2010
M/S RIGA SUGAR COMPANEY LIMITED
Versus
THE STATE OF BIHAR & ORS.
With
MJC No.41 of 2010
M/S RIGA SUGAR COMPANEY LTD.
Versus
THE STATE OF BIHAR & ORS.
With
MJC No.42 of 2010
M/S RIGA SUGAR COMPANY LTD.
Versus
THE STATE OF BIHAR & ORS.
With
MJC No.43 of 2010
M/S RIGA SUGAR COMPANY LTD.
Versus
THE STATE OF BIHAR & ORS.
With
MJC No.3234 of 2009
M/S HARINAGAR SUGAR MILLS LTD.
Versus
THE STATE OF BIHAR & ORS.
With
MJC No.3235 of 2009
M/S HARINAGAR SUGAR MILLS LTD.
Versus
THE STATE OF BIHAR & ORS.
With
MJC No.3236 of 2009
HARINAGAR SUGAR MILLS LTD.
Versus
THE STATE OF BIHAR & ORS.
With
MJC No.3237 of 2009
M/S HARINAGAR SUGAR MILLS LTD.
Versus
THE STATE OF BIHAR & ORS.
With
MJC No.3238 of 2009
M/S HARINAGAR SUGAR MILLS LTD.
Versus
THE STATE OF BIHAR & ORS.
With
MJC No.3239 of 2009
M/S HARINAGAR SUGAR MILLS LTD.
Versus
THE STATE OF BIHAR & ORS.
2
With
MJC No.3240 of 2009
M/S HARINAGAR SUGAR MILL
Versus
THE STATE OF BIHAR & ORS.
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For the petitioners: Mr. Y. V. Giri, Sr. advocate
Mr. R. K. Agrawal, advocate
Mr. V. R. Bharti, advocate
Mr. Anupanand Jha, advocate
For the State: Mr. Lalit Kishore, AAG III
———
2 10-08-2010 The prayer on behalf of the petitioners is to
modify the last sentence of judgement dated 16-9-2009
so as to allow adjustment of excess amount paid against
future bills not only of Bihar Electricity Duty but also
Value Added Tax payable to Commercial Taxes
Department, Government of Bihar. It has been submitted
that only if such enlarged adjustment is permitted, the
excess amount paid by some of the petitioners would get
adjusted in 4 to 5 years otherwise adjustment may take
more than a decade.
Learned AAG III appearing on behalf of the
State has submitted that the State has preferred appeal
before the Supreme Court and in that appeal; bearing
Civil Appeal No. 2570/2010, notices have been issued in
the appeal as well as in the stay matter. According to him
3
the prayer made in these applications should await
decision in the aforesaid appeal or else the petitioners
herein may raise such issue before the Supreme Court
itself.
Considering the rival submissions, it is
deemed proper and in the interest of justice to adjourn
this matter awaiting decision in the aforesaid appeal.
The parties will be at liberty to mention the
matters as and when occasion arises.
(Shiva Kirti Singh, J.)
BKS/- (Birendra Prasad Verma, J.)
