W.P.No.17260/2010
Vinod Kumar Jaiswal State of M.P. & others
7.12.2010.
Shri Ajay Mishra, counsel for petitioner.
Shri Samdarshi Tiwari, G.A., 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, petitioner 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 Samdarshi Tiwari, learned G.A., 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
W.P.No.17260/2010
Vinod Kumar Jaiswal State of M.P. & others
terms of the order of the 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 within 3 working days, against acknowledgment.
C.C., as per rules.
(Krishn Kumar Lahoti) (Smt.Sushma Shrivastava)
JUDGE JUDGE
M.