Delta Corp Ltd vs. The State Of Goa

ITEM NO.16+40+41+42

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

COURT NO.7

Petition(s) for Special Leave to Appeal (C) No(s). 7665/2023

(Arising out of impugned final judgment and order dated 06-04-2023 in WP No. 2675/2022 passed by the High Court of Judicature at Bombay at Goa)

M/S GOLDFINCH RESORTS PRIVATE LIMITED & ANR. Petitioner(s)

VERSUS

THE STATE OF GOA & ANR.

$Respondent(s)$

(IA No.76362/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT )

WITH SLP(C) No. 7896/2023 (IX) (FOR ADMISSION and I.R.)

SLP (C) No. 8183/2023 (IX) (FOR ADMISSION and I.R. and IA No.80821/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

WITH

SLP(C) No. 8146/2023 (IX) (FOR ADMISSION and I.R. and IA No.80610/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

SLP(C) No. 8192/2023 (IX) (FOR ADMISSION and I.R. and IA No.80855/2023-EXEMPTION FROM FILING <pre>C/C OF THE IMPUGNED JUDGMENT)</pre>

W.P. (C) No(s). $488/2023$ (FOR ADMISSION and IA No.81692/2023-GRANT OF INTERIM RELIEF)

SLP (C) No. 8417/2023 (IX) (IA No.83222/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

SLP(C) No. 8369/2023 (IX) Signat/Method No.82989/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED <table>

Digital Signed GMENT)

BABIT PAND GMENT)

Date: 2022 M4 26 18:41:17 $\frac{10}{15}$

SLP(C) No. 8440/2023 (IX) (FOR ADMISSION and I.R. and IA No.83360/2023-EXEMPTION FROM FILING <pre>C/C OF THE IMPUGNED JUDGMENT)</pre>

Date : 25-04-2023 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE ARAVIND KUMAR

For Petitioner(s) Mr. Mukul Rohatgi, Sr. Adv. Mr. Parag Rao, Adv. Mr. Ninad Laud, Adv. Mr. Avinash Mathews, Adv. Mr. Sahil Tagotra, AOR Mr. Ivo D'Costa, Adv. Ms. Aditi Pathak, Adv. Ms. Rashikya Narain, Adv. Mr. Gajendra Singh Negi, Adv. Ms. Diksha Rai, AOR Mr. Ankit Agarwal, Adv. SLP (C) No. 8417/2023 Dr. Abhishek Manu Singhvi, Sr. Adv. With SLP(C) No. 8369/2023 Dr. Harish Narasappa, Sr. Adv. SLP(C) No. 8440/2023 Mr. Nikhil Sakhardande, Sr. Adv. Mr. Rajendra Barot, Adv. Ms. Liz Mathew, AOR Mr. Vivek Shetty, Adv. Ms. Sherna Doongaji, Adv. Ms. Aditi Bhansali, Adv. Ms. Vasudha Jain, Adv. Mr. Prince Todi, Adv. W.P.(c) No.488/2023 Mr. Vivek Nankani, Sr. Adv. Mr. Aditya Jain, AOR For Respondent(s) Mr. Shyam Divan, Sr. Adv. Mr. Abhay Anil Anturkar, Adv. Ms. Surbhi Kapoor, AOR Mr. Dhruv Tank, Adv. Mr. Adith Deshmukh, Adv.

UPON hearing the counsel, the Court made the following O R D E R

Issue notice, returnable in the month of October 2023.

2

Ms. Surbhi Kapoor, who is present in the court on advance notice, waives service and accepts notice on behalf of the respondent – State of Goa in SLP (C) No. 7896 of 2023.

Notice to unserved respondents will be served by all modes, including dasti.

Our attention has been drawn to the interim orders passed by this Court. It appears that some of the petitioners did not deposit 50% of the arrears/demand amount of the Annual Recurring License Fees (ARF). Our attention has also been drawn to the last portion of the impugned judgment. For the present, we are inclined to direct that the petitioners will deposit 75% of the demanded principal amount with the authorities concerned. The petitioners are also given liberty to deposit 100% of the demanded amount, in which case even if the special leave petitions are dismissed, in view of the statement made on behalf of the State of Goa, the petitioners would not be burdened with any interest. In case the petitioners deposit 75% of the demanded principal amount and the special leave petitions are dismissed, the petitioners would be liable to pay interest as per law. The said deposit will be made within a period of six weeks from today.

Learned counsel for the petitioners will place on record a copy of the audited accounts filed with the Income Tax and the Registrar of Companies for the period from 2018 till 2022.

W.P. (C) No(s). 488/2023

Learned Senior Advocate for the petitioner seeks permission

3

to withdraw the present writ petition with liberty to file an application for review.

Without making any comments on the statement made, the writ petition is dismissed as withdrawn with liberty as prayed. In case the review application is dismissed, it will be open to the petitioner to challenge the impugned judgment.

(BABITA PANDEY) (R.S. NARAYANAN)

COURT MASTER (SH) COURT MASTER (NSH)