Union Of INDIA And 5 Ors. vs. Calcom Cement INDIA LTD.
Held
The Court allowed the interlocutory application filed by the respondents. The Court noted that the original judgment dated 09.06.2020 in WP(C)No.2256/2020 had mandated that an application made by the petitioner be disposed of within two months of its receipt. The respondents sought an extension of this period by another two months. The counsel for the writ petitioner stated that they had no objection to this request. Consequently, the Court provided that the application submitted by the writ petitioner, pursuant to the earlier judgment, could be disposed of by the respondent authorities within a further period of two months. The interlocutory application was thus allowed in these terms.
Facts
This matter concerns an interlocutory application filed by the respondents (Union of India and others) in Writ Petition (Civil) No. 2256/2020. The original writ petition had directed the respondent authorities to pass an order on an application made by the petitioner (Calcom Cement India Ltd.) within 15 days of obtaining a certified copy of the order, and for the authorities to decide that application within two months of its receipt. The present interlocutory application seeks an extension of this two-month period by an additional two months, allowing a total of four months for the authorities to dispose of the petitioner's application.
Key Issues
1. Whether the Court should grant an extension of time for the respondent authorities to decide the application filed by the writ petitioner, as per the directions in the judgment dated 09.06.2020 in WP(C)No.2256/2020. The petitioner, Calcom Cement India Ltd., did not object to the extension being granted. The respondents, Union of India and others, argued that an additional two months were required to dispose of the petitioner's application, thereby seeking an extension of the original two-month period stipulated by the Court. The petitioner's counsel stated that they did not object to this request.
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Page No.# 1/4 GAHC010126792020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil) 1491/2020 1:UNION OF INDIA AND 5 ORS. REP. BY THE SECY. TO THE MINISTRY OF FINANCE, DEPTT. OF REVENUE, NEW DELHI- 110001
VERSUS 1:CALCOM CEMENT INDIA LTD. (CEMENT GRINDING UNIT) VILLAGE PIPALPURKHI, P.O. LANKA, DIST.- NAGAON, ASSAM- 788931, A COMPANY REGD. UNDER THE COMPANIES ACT, 1956 HAVING ITS REGD. OFFICE AT 3RD AND 4TH FLOOR, ANIL PLAZA II, ABC, G.S.ROAD, GHY-05 ASSAM REP. BY SHRI SUNIL AGGARWAL, THE EXECUTIVE DIRECTOR OF THE PETITIONER COMPANY 2:THE UNDER SECRETARY TO THE GOVT. OF INDIA MINISTRY OF FINANCE DEPTT. OF REVENUE NORTH BLOCK NEW DELHI- 110001 3:DESIGNATED COMMITTEE REPRESENTING THROUGH PRINCIPAL COMMISSIONER CENTRAL GOODS AND SERVICE TAX GST BHAWAN KEDAR ROAD FANCY BAZAR GHY-01 4:CHIEF COMMISSIONER CENTRAL GOODS AND SERVICE TAX GST BHAWAN
Page No.# 2/4 KEDAR ROAD FANCY BAZAR GHY-01 5:ASSTT. COMMISSIONER CENTRAL GOODS AND SERVICES TAX GUWAHATI-II DIVISION GST BHAWAN KEDAR ROAD FANCY BAZAR GHY-01 6:CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS REP. BY ITS
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