Gujarat High Court
J.K. Lakshami Cement Ltd. vs State Of Gujarat on 21 January, 2021
Bench: Sonia Gokani, Sangeeta K. Vishen
C/SCA/16288/2019 IA ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC. CIVIL APPLICATION (FOR EXTENSION OF TIME) NO. 1 of 2020
In R/SPECIAL CIVIL APPLICATION NO. 16288 of 2019
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STATE OF GUJARAT
Versus
J.K. LAKSHAMI CEMENT LTD.
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Appearance:
MR JAYNEEL PARIKH, GOVERNMENT PLEADER for the PETITIONER(s)
No.
MR UCHIT N SHTEH, for the RESPONDENT(s) No.
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CORAM: HONOURABLE MS. JUSTICE SONIA GOKANI
and
HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
Date : 21/01/2021
IA ORDER
(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)
1. The applicant has approached this Court, seeking following
reliefs:
"7. ...
A. YOUR LORDSHIPS may be pleased to allow and admit
this application.
B. The applicants humbly prays that the Hon'ble Court may
kindly be pleased to grant further extension of four months to
comply with the order dated 18.12.2019 passed by this
Hon'ble Court in Special Civil Application No. 16288 of 2019.
C. ..."
2. We have heard the learned AGP, Mr. Parikh, for the applicants
and the learned Advocate, Mr. Sheth, for the respondent, who invited
the attention of this Court to the order dated 06.01.2021, passed by the
Coordinate Bench in Misc. Civil Application No. 697 of 2020 in Special
C/SCA/16288/2019 IA ORDER
Civil Application No. 16288 of 2019, which reads thus:
"Special Civil Application Nos. 15333 and
16288 of 2019 were allowed vide judgment and
order dated 18.12.2019. The operative portion
of the judgment as contained in paragraph 21
thereof reads as follow :
"21. For the foregoing reasons, the
petitions succeed and are accordingly
allowed. The respondents are directed to
forthwith process the refund claims of the
respective petitioners and grant refund of
the tax amount collected from the petitioners
and deposited by the seller in accordance
with law within a period of twelve weeks of
the receipt of a copy of this judgment. It
is, however, clarified that once the refund
claim of the petitioners is processed,
Reliance Industries Limited would not be
entitled to claim any such refund. Rule is
made absolute accordingly, with no order as
to costs."
2. This contempt application has been
filed alleging noncompliance of the said
direction. Notices were issued on 25.11.2020
fixing today's date. Today, Mr. Dharmesh
Devnani, learned Assistant Government
Pleader, upon instructions, has stated that
the State of Gujarat has preferred SLP before
the Supreme Court which has since been filed,
diary number has been allotted. He thus prays
that the hearing of this contempt may be
deferred to enable the State to take its
chance before the Supreme Court.
3. On the other hand, Mr. Sheth, learned
advocate for the opposite party submits that
the conduct of the State in preferring an
appeal after a period of almost one year and
in the meantime, not ensuring compliance of
the direction of the Division Bench judgment
itself amounts to clear disobedience and
C/SCA/16288/2019 IA ORDER
therefore, the Court may proceed further in
the matter.
4. Considering the facts and circumstances
of the case, let this matter be listed after
four weeks on 12.02.2021. By the said date,
the opposite party may either obtain some
protection of the Supreme Court or if they
fail, ensure compliance and file an
appropriate affidavit before this Court. In
the event, the SLP is not taken up for orders
in the meantime, by the next date, the State
may make deposits as directed by the Division
Bench before this Court by way of demand
draft or an account payee cheque drawn in
favour of Registrar General giving the
details of the deposits of the respective
petitioners."
3. In wake of the specific directions issued by the Contempt
Bench and the time granted of four weeks, i.e. upto 12th February, 2021,
this application for extension is not to be entertained.
4. Resultantly, this application fails and stands DISPOSED OF,
accordingly.
(SONIA GOKANI, J)
(SANGEETA K. VISHEN,J)
UMESH/-
