Apaksh Broadband Ltd vs. Appellate Deputy Commission

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 6072 OF 2015 (Arising out of S.L.P.(C)No.28132 of 2014)

M/S.APAKSH BROADBAND LTD. ..APPELLANT(S)

VERSUS

APPELLATE DEPUTY COMMISSIONER AND ORS. ..RESPONDENT(S)

O R D E R

1. Leave granted.

2. This appeal is directed against the judgment and order passed by the High Court of Judicature at Hyderabad for the States of Telangana and Andhra Pradesh in Writ Petition No.28349 of 2014, dated 22.09.2014.

3. We have heard Shri Harish N.Salve, learned senior counsel for the appellant and Shri P.Vishwanatha Shetty, learned senior counsel for the respondents.

4. After going through the records of the case and hearing learned counsel for the parties to the lis, we are of the considered opinion that, without further going into the details of the case, the appeal be disposed of as under: Digitally signed by Ramana Venkata Ganti Date: 2015.08.11 16:55:24 IST Reason: Signature Not Verified

• I) The appellant shall now deposit a sum of Rs.1,60,00,000/- (Rupees One Crore Sixty Lakh Only) within a period of six weeks' from today before the First Appellate Authority, i.e. the Commercial Tax Officer, Jubilee Hills Circle, Hyderabad;
• II) If such deposit is made, the First Appellate Authority will revive the appeals that are pending before it and decide the same on merits as early as possible, at any rate within four months' time from the date of deposit of the appellant;
• III) If, for any reason, the appellant fails to comply with the order and directions issued by us, the appellant shall pay the entire amount as demanded by the respondents.
• IV) The appellant shall not approach any Court/Forum for any further indulgence.

5. With the aforesaid observations, the appeal is disposed of and the impugned judgment and order is set aside.

Ordered accordingly.

.............CJI. (H.L. DATTU)

...............J. (ARUN MISHRA)

...............J. (AMITAVA ROY)

NEW DELHI, AUGUST 10, 2015. M/S APAKSH BROADBAND LTD. Petitioner(s) VERSUS APPELLATE DEPUTY COMMISSION & ORS. Respondent(s) (with interim relief and office report) Date : 10/08/2015 This petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE AMITAVA ROY For Petitioner(s) Mr.Harish N.Salve, Sr.Adv. Mr.Kamal Budhiraja, Adv. Mr.Aman Gupta, Adv. Ms.Shruti Agrawal, Adv. Mr. Abhinav Mukerji,Adv. For Respondent(s) Mr.P.Vishwanath Shetty, Sr.Adv/ Mr.P.Venkat Reddy, Adv. Mr.Prashant Kr.Tyagi, Adv. for M/s. Venkat Palwai Law Associates,Advs. UPON hearing the counsel the Court made the following O R D E R Leave granted. The appeal is disposed of, in terms of the signed order.

(G.V.Ramana) (Vinod Kulvi) AR-cum-PS Asstt.Registrar (Signed order is placed on the file)

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ITEM NO.14 COURT NO.1 SECTION III

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 28132/2014

(Arising out of impugned final judgment and order dated 22/09/2014 in WP No. 28349/2014 passed by the High Courts Of A.P. and Telengana at Hyderabad)