M/S Harinagar Sugar Mills Ltd. vs The State Of Bihar &Amp; Ors. on 10 August, 2010

Patna High Court – Orders
M/S Harinagar Sugar Mills Ltd. vs The State Of Bihar &Amp; Ors. on 10 August, 2010
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.
                                             -----------

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.)
 

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