10 July 2017
Supreme Court
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M/S GENNEX LABORATORIES LTD. Vs COMMERCIAL TAX OFFICER

Bench: HON'BLE MR. JUSTICE KURIAN JOSEPH, HON'BLE MRS. JUSTICE R. BANUMATHI
Judgment by: HON'BLE MR. JUSTICE KURIAN JOSEPH
Case number: C.A. No.-008765-008765 / 2017
Diary number: 14761 / 2015
Advocates: M. P. DEVANATH Vs S.. UDAYA KUMAR SAGAR


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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 8765 OF 2017

[@ SPECIAL LEAVE PETITION (C) NO. 19430 OF 2015 ] M/S GENNEX  LABORATORIES LTD.                Appellant(s)

                               VERSUS THE COMMERCIAL TAX OFFICER, HYDERABAD & ANR. Respondent(s)

WITH CIVIL APPEAL NO. 8766 OF 2017

[@ SPECIAL LEAVE PETITION (C) NO. 16651 OF 2015 ]

J U D G M E N T

KURIAN, J.

CIVIL APPEAL NO. 8765 OF 2017   [@ SPECIAL LEAVE  PETITION (C) NO. 19430 OF 2015

1. Leave granted.

2. This is a case where the appellant is aggrieved by  the  order  dated  12.09.2014  passed  by  the  High Court in Writ Petition No. 1684 of 2014.

3. In the nature of the order we propose to pass in this case, we have to necessarily refrain ourselves from any discussion on merits.  Suffice only to note that, among other things, the High Court has noted the  fact  that  the  appellant  had  not  availed  the

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statutory remedy open to them before the Sales Tax Tribunal.

4. In the nature of the dispute, we are of the view that  it  will  be  just  and  equitable  to  grant  that opportunity  to  the  appellant,  having  heard  the learned counsel appearing for the State as well.

5. Accordingly, the appeal is partly allowed.  The impugned  Judgment of  the High  Court is  set aside. The  appellant  is  granted  a  period  of  30  days  to challenge  the  orders  by  filing  a  statutory  appeal before the Tribunal.  In the event of such an appeal being  filed, the  same shall  be entertained  by the Tribunal as having been filed in time.

6. We make it clear that we have not considered the matter on merits and it will be open to both sides to raise all available contentions before the Tribunal.

CIVIL  APPEAL  NO.  8766  OF  2017    [@  SPECIAL  LEAVE   PETITION (C) NO. 16651 OF 2015]     

1. Leave granted. 2. In view of the Judgment passed in Civil Appeal No. 8765 of 2017 above, the order passed by the Sales Tax Tribunal is set aside.  The appeal is restored to

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the file of Sales Tax Tribunal and the same shall be heard  by  the  Tribunal  by  consolidating  with  the appeal that is permitted to be filed by the Judgment passed in Civil Appeal No. 8765 of 2017 above. 3. In view of the above, the appeal is disposed of.   

.......................J.               [ KURIAN JOSEPH ]  

.......................J.               [ R. BANUMATHI ]  

New Delhi; July 10, 2017.