Mca/273/2013 Of Sesa Goa Limited v. The Joint Commissioner Of Income Tax Range 1, And 2 Ors

1 IN THE HIGH COURT OF BOMBAY AT GOA MISC. CIVIL APPLICATIONS NO.273 & 274 OF 2013IN WRIT PETITION NO.122 OF 2013. SESA GOA LIMITED. …... APPLICANT/ PETITIONER. V/S. THE JOINT COMMISSIONEROF INCOME TAX RANGE 1, & 2 ORS. ….... RESPONDENTS. Mr. R. G. Ramani, Advocate for the petitioner. Ms. Asha Dessai, Advocate for the respondents Nos.1 to 3. CORAM :- A.P. LAVANDE & U.V. BAKRE, JJ. DATE : - 26[th] March, 2013. P.C. :- Mentioned, not on board. Taken up today at the request of learned Counsel for the applicant, since 28[th] March, 2013 has been declared as holiday and further since the deposit of Rs.100 crores has to be made by the applicant, on or before 31[st] March, 2013, as per the Order dated 27[th] February, 2013, passed by this Court. 2 2.Affidavit in reply filed on behalf of the respondents in both the applications, is taken on record. 3.In both these applications, the applicant has prayed for revocation of the direction given by this Court vide order dated 27[th ]February, 2013, in Writ Petiteion Nos. 122 and 123 of 2013, inter alia, directing the applicant/petitioner to pay Rs.100 crores on or before 31[st ]March, 2013. 4. After hearing the learned Counsel for sometime, Mr. Ramani, learned Counsel appearing for the applicant-petitioner, on instructions, submits that in view of precarious financial condition, the applicant would deposit the amount of Rs.100 crores in two instalments. He, therefore, prays that the applicant be permitted to pay the first installment of Rs. 50 crores on or before 15[th] April, 2013, while the second installment of Rs.50 crores be permitted to be paid on or before 30[th] April, 2013. The request of the applicant-petitioner is vehemently opposed by Ms. Dessai, learned Counsel appearing for respondents No.1 to 3. 3 5.However, in of the submissions made and in the interests of justice, we are inclined to grant the request made by the applicant-petitioner. Accordingly, time to deposit the amount of Rs.100 crores is extended. The applicant-petitioner shall pay the sum of Rs.100 crores in two installments, first installment of Rs.50 crores shall be paid by the applicant on or before 15[th] April, 2013, while the second installment of Rs.50 crores shall be paid by the applicant on or before 30[th] April, 2013. 6.The applicant-petitioner shall furnish a fresh undertaking to abide by the conditions, within a period of one week. 7.Both the applications stand disposed of. A.P. LAVANDE, J. U.V. BAKRE, J. ssm.