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2015 (11) TMI 1714

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..... tember, 2015 - Held that: - In the facts of this instant case, this application is not made bona fide by the petitioner. The reason is, a person who gives an undertaking before this Court - which evidently is not complied with, subsequently - and gets benefit of an order based on such undertaking and thereafter seeks to invoke this Court’s jurisdiction under Article 226 of the Constitution of Indi .....

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..... petition the petitioner seeks, inter alia, issuance of a mandatory order commanding the concerned respondent authorities to cancel and/or withdraw and/or rescind of the remand application dated 8th September, 2015. The petitioner has also sought for a mandatory direction upon the concerned respondent authorities to determine his dues on account of Service Tax from all his three-business entities s .....

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..... um, which was more than Rupees three and half crores, within a fortnight after he was released on bail. Thus, the order dated 3rd November, 2015, passed by the High Court, releasing the petitioner on bail was on the basis of an undertaking given by him before this Court. 5. A person who approaches this Court invoking its high prerogative Constitutional writ jurisdiction under Article 226 of the .....

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..... anted such discretionary reliefs, in the absence of palpable demonstration of bona fide conduct before seeking such discretionary reliefs. 7. For reasons stated above, the writ petitioner is liable to be summarily dismissed and is accordingly dismissed. 8. Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties. - - TaxTMI - TMITax .....

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