Malabar Gold Pvt. Ltd vs State Of West Bengal & Ors
2022 Latest Caselaw 285 Cal

03.02.2022
    1
ns/pg Ct.16
                                   FMA 558 of 2018


                              Malabar Gold Pvt. Ltd.
                                         Vs.
                           State of West Bengal & ors.




               Mr. Somak Basu        ...         for the appellant.



               Mr. Soumitra Mukherjee,
               Mr. Debasish Ghosh              ...    for the State.



                        The matter has been listed under the

              caption "To Be Mentioned".

                        We have heard Mr. Somak Basu, learned

              counsel appearing for the appellant and Mr. Soumitra

              Mukherjee,   learned    counsel      appearing    for   the

              respondents/State.     The appeal was disposed of by

judgment dated 7th January, 2022. While doing so,

we had granted liberty to the appellant to file a

supplementary affidavit within a time frame. The

learned counsel appearing for the appellant

submitted that on account of certain circumstances,

his client could not supply the necessary details to

make the supplementary affidavit ready and prays for

two weeks' extension of time. Further, the learned

counsel submitted that due to inadvertence, it was

not brought to the notice of this Court about an

interim order passed by the Division Bench by order

dated 16th February, 2018 whereby stay of the entire

demand was granted subject to the condition that the

appellant furnishes a bank guarantee for a sum of

Rs.1 crore along with cash of Rs.1 crore in favour of

the Commissioner, Commercial Sales Tax. The

learned counsel for the appellant also submitted that

the said condition has been complied with and the

interim order was in force till the appeal was heard

and disposed of by judgment dated 7 th January,

2022.

It is further submitted by the learned

counsel that during the interregnum, the bank

guarantee was not renewed for a brief period of time.

Subsequently, the same has been renewed and the

guarantee stands extended till 24th December, 2023.

In the light of the above, since the bank

guarantee as extended till 24 th December, 2023, the

interim order which was granted by the Division

Bench on 16th February, 2018 shall operate till the

writ petition is heard and disposed of by the learned

Single Bench.

Time to file the supplementary affidavit is

extended by two weeks from date. Reply thereto, if

any, may be filed within a week thereafter.

The above order shall form part of the

judgment dated 7th January, 2022.

Urgent photostat certified copy of this order, if

applied for, be furnished to the parties expeditiously

upon compliance of all legal formalities.

(T. S. Sivagnanam, J.)

(Ananda Kumar Mukherjee, J.)