W.P.No.15597/2010
Sunil Kumar Agrawal State of M.P. And others
29.10.2010.
Shri Rohit Sohgaura, counsel for petitioner.
Shri P.K.Kaurav, Dy.A.G., for respondents .
Heard on admission.
It is submitted by petitioner that identical matter was
decided by a Division Bench of this Court in M/s Zunaid
Enterprises & others Vs. State of M.P. & others in
W.P.No.16775/2007 on 15.7.2010 and the writ petition was
dismissed, after considering the judgment of Apex Court in State
of Orissa and another Vs. K.B.Saha and sons Industries Pvt.
Ltd., and others [(2007) 7 VST 214 (SC)]. Against the said order,
petitioners and others have filed Special Leave Petition before the
Apex Court, which has been registered as S.L.P.(Civil)
No.25637/2010, in which the Apex Court has issued notice to the
other side on 20.9.2010 and interim order has been passed. It is
submitted that this petition may be entertained and interim order
may be passed in the matter.
Shri Kaurav, learned Dy.A.G., appearing for State opposed
the aforesaid contention and submitted that the entire controversy
is covered by a Division Bench judgment of this Court in M/s
Zunaid Enterprises (supra), so this petition may not be
entertained.
Considering the fact that the Apex Court has entertained the
petition, notices have been issued and interim order has been
passed by the Apex Court, so we find it appropriate to entertain
this writ petition, awaiting verdict from the Apex Court.
The Apex Court by order dated 20.9.2010 in S.L.P.(Civil)
No.25637/2010 directed thus :-
“Issue notice.
Counsel appearing for the petitioners states
that he had deposited 25% of the amount
demanded and also furnished bank
guarantee in terms of the order of the
W.P.No.15597/2010Sunil Kumar Agrawal State of M.P. And others
Division Bench of the Madhya Pradesh High
Court. He shall keep the bank guarantee
alive till the decision of this Court. No further
coercive action shall be taken against
petitioners in respect of the amount involved
in the present case till the next date.”
In view of aforesaid order, till next date of hearing, we direct
thus :-
1. Petitioner to deposit 25% of the amount demanded by the
respondents.
2. Petitioner to further furnish bank guarantee of the remaining
amount to the satisfaction of the authority and shall keep alive the
bank guarantee till further orders of this Court.
3. Both the parties are directed to mention this case as and
when the order dated 20.9.2010 is modified by the Apex Court or
the S.L.P., is decided by the Apex Court.
In the meantime, respondents may file reply of this matter.
Two extra copies of the petition may be served to the State
by the petitioner against acknowledgment.
C.C., as per rules.
(Krishn Kumar Lahoti) (S.N.Aggarwal)
Judge Judge
M