Agarwal Industries Private Limited vs. The Joint Commissioner(Ct) Legal

ITEM NO.18 <pre>Court 3 (Video Conferencing)</pre> SECTION XII-A

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) $No(s)$ . 8667/2021

(Arising out of impugned final judgment and order dated 06-04-2021 in WP No. 7590/2021 passed by the High Court Of Andhra Pradesh at Amravati)

M/S. AGARWAL INDUSTRIES PRIVATE LIMITED Petitioner(s)

VERSUS

Respondent(s)

(FOR ADMISSION and I.R. and IA No.75718/2021-EXEMPTION FROM FILING AFFIDAVIT)

Date: 12-07-2021 This petition was called on for hearing today.

CORAM:

HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE AJAY RASTOGI

Shri S. Ravi, Senior Advocate For Petitioner(s) Mr. M. Naga Deepak, Advocate Mr. V.C. Shukla, Adv. Mr. Tarun Gulia, Adv. Mr. Ankit Verma, Adv. Mr. Anantha Narayana M.G., AOR

THE JOINT COMMISSIONER(CT) LEGAL & ORS.

For Respondent(s)

UPON hearing the counsel the Court made the following $0 R D E R$

S.Ravi, learned Senior Advocate for the petitioner has Mr. placed reliance on the order dated 08.02.2006 passed by this Court in Civil Appeal Nos. 6824-25/2000. It is submitted that the entity at Kakinada and the unit in Hyderabad, though having separate ature Not Verified Magistration in respective States; are part of the same corporate $16:00:15$ entity; and as such the petitioner is entitled to the benefit of the decision of this Court in aforesaid Civil Appeal Nos. 682425/2000.

It is a matter of record that no statutory appeal was preferred by the petitioner.

If the petitioner chooses to file such statutory appeal, he can take all contentions including one based on the order dated 08.02.2006, after fulfilling the statutory requirement of deposit at the stage of filing appeals before the Tribunal.

If such contentions are raised, the same may be considered purely on their own merits.

With the aforesaid observations, the instant Special Leave Petition stands disposed of.

Pending applications, if any, shall stand disposed of.

(INDU MARWAH) (VIRENDER SINGH) COURT MASTER (SH) BRANCH OFFICER