Mahakali Traders A Partnership Firm ... vs Through Commercial Tax Department
2025 Latest Caselaw 1238 MP

Madhya Pradesh High Court

Mahakali Traders A Partnership Firm ... vs Through Commercial Tax Department on 7 July, 2025

Author: Vivek Rusia

Bench: Vivek Rusia

                                                           1                             WP-18039-2022
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                WP No. 18039 of 2022
                             (MAHAKALI TRADERS A PARTNERSHIP FIRM THROUGH ITS PARTNER VIVEK JAISWALVs
                                        THROUGH COMMERCIAL TAX DEPARTMENT AND OTHERS )



                           Dated : 07-07-2025
                                 Shri Ashok Kumar Sethi - Senior Advocate alongwith Shri Ayush
                           Gupta - Advocate for the petitioner.
                                 Shri Bhuwan Gautam - Govt. Advocate for the respondent / State.

In this case, the petitioner has specifically pleaded in the

petition that the representation submitted in pursuant to Para 128 of the judgment passed by this Court in case of Maa Vaishno Enterprises and others v/s State of M.P. and another in Writ Petition No.7373 of 2020 decided on 22.07.2020 by Principal Seat at Jabalpur has not been decided till date.

02. The respondents filed the reply to the writ petition stating that the representation has been decided vide order dated 25.02.2021. The copy of the said order has not been filed alongwith the return.

Thereafter, the petitioner filed the rejoinder on 04.11.2022 specifically stating that the copy of the order has not been supplied and that does not relates to the petitioner. Despite that, no additional return has been filed especially the copy of that order because of which the recovery against the petitioner is held up.

03. Let an explanation be filed by the OIC as to why the copy of such order has not been brought on record and who is responsible for

2 WP-18039-2022

this carelessness which has caused delay in adjudication of this matter as well as recovering lakhs of rupees.

04. Let the aforesaid order dated 25.02.2021 be brought on record.

List on 28.07.2025.

                                      (VIVEK RUSIA)                     (BINOD KUMAR DWIVEDI)
                                          JUDGE                                 JUDGE
                           Divyansh