9911796707
TMI Blog2017 (1) TMI 66X X X X Extracts X X X X X X X X Extracts X X X X ..... IL APPLICATION NO. 12692 of 2016 - - - Dated:- 25-11-2016 - MR. M.R. SHAH AND MR. B.N. KARIA, JJ. FOR THE PETITIONER : MR UCHIT N SHETH, ADVOCATE FOR THE RESPONDENT : MR HARDIK VORA, ASSTT. GOVERNMENT PLEADER ORAL ORDER (PER : HONOURABLE MR.JUSTICE M.R. SHAH) [1.0] By way of present petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs. A. This Hon ble Court may be pleased to issue a writ of certiorari or a writ in nature of certiorari or any other appropriate writ, order or direction quashing and setting aside the order dated 20.07.2016 passed by the learned Additional Commissioner of Commercial Tax (annexed at AnnexureA); B. This Hon ble Court may be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction may be issued to the learned Respondents prohibiting them from detaining or seizing the vehicles / goods at checkposts on the ground of outstanding dues against the dealers; F. Pending notice, admission and final hearing of this petition, this Hon ble Court be pleased to stay coercive recovery of dues against the Petitioner; F1. Pending notice, admission and final hearing of this petition this Hon ble Court may be pleased to restrain the learned Respondents from detaining or seizing the vehicles / goods of the Petitioner at checkposts on the ground that there are outstanding dues against the Petitioner; G. Ex parte ad interim r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ur equal monthly installments and the same shall be cleared on or before 31.03.2017. A separate undertaking is filed to the aforesaid extent. [4.0] In view of the aforesaid undertaking Shri Vora, learned AGP has requested to pass appropriate order as the petitioner is ready to pay statutory interest at the rate of 18% also. [5.0] In view of the above, present Special Civil Application is disposed of by permitting / allowing the petitioner to pay the balance amount of ₹ 41,57,317/with statutory interest at the rate of 18% per annum in four equal monthly installments commencing from December 2016 and the first installment shall be paid on or before 15.12.2016. In any case as agreed and undertaken, the entire amount of ₹ 41,5 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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