M/S Sri Ram Enterprises vs The Union Of India & Anr
2023 Latest Caselaw 524 Jhar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      Cr.M.P. No. 3970 of 2018
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M/s Sri Ram Enterprises through Roshan Kumar Agrawal & Anr. ... ... Petitioners Versus The Union of India & Anr. ... ... Opposite Parties With Cr.M.P. No. 3972 of 2018

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M/s Sri Ram Enterprises through Roshan Kumar Agrawal & Anr. ... ... Petitioners Versus The Union of India & Anr. ... ... Opposite Parties With Cr.M.P. No. 634 of 2021

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M/s Sri Ram Enterprises through Roshan Kumar Agrawal & Anr. ... ... Petitioners Versus The Union of India & Ors. ... ... Opposite Parties

CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR

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For the Petitioners : Mr. Sunil Kumar Agarwal, Advocate : Mr. Gautam Kejriwal, Advocate For the State : Mrs. Priya Shrestha, Spl.P.P.

: Mr. Bishwambhar Shastri, A.P.P.

For the Income Tax Dept. : Mr. R.N. Sahay, Advocate

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Order No. 09 / Dated: 1st February, 2023 I.A. No. 247 of 2023 & I.A. No. 246 of 2023

Heard learned counsel appearing on behalf of the petitioners Mr. Gautam Kejriwal, learned counsel for the State as also learned counsel for opposite party No. 2-Income Tax Department.

Learned counsel appearing on behalf of the Income Tax Department seeks adjournment for one week.

Let this case be posted on 15.02.2023. Learned counsel appearing on behalf of the petitioners submitted that Interlocutory Applications being I.A. No. 247 of 2023 has been filed with a prayer for the extension of the subsequent interim relief granted vide order dated Cr.M.P. No. 3970 of 2018 With Cr.M.P. No. 3972 of 2018 With Cr.M.P. No. 634 of 2021

01.11.2021 in connection with the proceedings of complaint case No. CO 18 of 2018 pending in the Court of learned Special Judge, Economic Offences, Dhanbad.

Learned counsel appearing on behalf of the petitioners further submitted that another Interlocutory Applications being I.A. No. 246 of 2023 has been filed with a prayer for the extension of the interim relief granted vide order dated 15.06.2021 in connection with the proceedings of Economic Offence Case No. 19 of 2018 pending in the Court of learned Special Judge, Economic Offences, Dhanbad.

It has also been submitted that in the light of the judgment passed by the Hon'ble Supreme Court in the case of Asian Resurfacing of Road Agency Private Ltd. & Another Versus C.B.I. reported in (2018) 16 SCC 299, the stay orders have been vacated and the learned Court below has proceeded with the case.

In this view of the matter it is urged on behalf of the petitioners that let the interim relief granted to the petitioners be continued.

Having been satisfied with the submission advanced on behalf of the petitioners as also in the facts and circumstances of this case, the interim order dated 29.06.2021 which was subsequently extended vide order dated 01.11.2021 in Cr.M.P. No. 3970 of 2018, interim order dated 29.06.2021 in Cr.M.P. No. 3972 of 2018 and interim order dated 15.06.2021 in Cr.M.P. No. 634 of 2021, shall remain in force till the next date.

In the facts and circumstances of the case the pending Interlocutory Applications being I.A. No. 247 of 2023 & I.A. No. 246 of 2023 gets disposed of accordingly.

J.Minj                                                       (Navneet Kumar, J.)