Prima facie – Contempt of the Court

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION

WRIT PETITION NO.1085 OF 2010

M/s.Garware Polyester Ltd. & Anr. ..Petitioners
Vs.
The State of Maharashtra & Ors. ..Respondents

Mr.P.C.Joshi with Mr.Piyush Shah for petitioners.
Mr.S.K.Nair, “A: Panel Counsel for respondents.

CORAM :V.C.DAGA & S.J.KATHAWALLA,JJ.
DATE :1ST JULY, 2010.

P.C.Heard.Perused petition.Rule, returnable early.

Issue notice to the Advocate General of Maharashtra.

Rule on stay, returnable after eight weeks.

Mr.Nair, AGP waives service.

2. At this stage, it is relevant to note that learned Counsel for the petitioner has brought to our notice the assessment order dated 25th August,2009 passed by Mr.Moreshwar Nathuji Dubey, Dy.Commissioner, LTU,Aurangabad, wherein, Shri.Dubey has interalia; recorded that the judgment of this Court in the case of Commissioner of Sales Tax Vs. Pee Vee Textiles Ltd.
(26 VST 281) is not accepted by the Sales Tax Department and legal proceeding is initiated against the said judgment. Parties have informed this Court that the decision of this Court in Commissioner of Sales Tax Vs. Pee Vee Textiles Ltd.(supra) is not stayed. In view thereof, the refusal to follow and implement the judgment of this Court by Mr.Dubey in our considered view prima facie; amounts to contempt of this Court. In view thereof, issue show cause notice to Mr.Moreshwar Nathuji Dubey, Dy.Commissioner, LTU,Aurangabad, returnable after four weeks to show cause, as to why action under the provisions of the Contempt of Courts Act should not be initiated against him.

3. Mr.Nair, AGP accepts notice and undertakes to communicate this order to Mr.Dubey. Registry to issue independent show cause notice to Mr.Dubey.

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4. To be heard along with Appellate Side Writ Petition Nos.10637 of 2009,8431 of 2009, 313 of 2010, 3909 of 2010 and Writ Petition No.1291 of 2010

(Nagpur Bench).
(S.J.KATHAWALLA,J.) (V.C.DAGA,J.)

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