Union Of India vs M/S Tata Devy Ltd. (2025:Rj-Jd:36684)
2025 Latest Caselaw 9556 Raj

Rajasthan High Court - Jodhpur

Union Of India vs M/S Tata Devy Ltd. (2025:Rj-Jd:36684) on 18 August, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:36684]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc. Appli No. 495/2025

Union     Of   India,    Union       Of    India      Through         Superintendent,
Prosecution      (Law),      Central       Excise      Duty         Department,   O/o
Commissioner Cgst And Ce, Udaipur (Rajasthan).
                                                                        ----Petitioner
                                       Versus
1.       M/s Tata Devy Ltd., M/s Tata Devy Limited Kolkata
         Through Shri Nirupam Haldhar, Ex Vice President (Finance
         And Administration), 6Th A Milton Street, Kolkata.
2.       Nirupam Haldhar S/o Lt. Sh. G. Haldhar, Vice President
         (Finance And Administration), P 44, Pvt Road Scheme
         (Vith), Kolkata.
3.       D Bhatacharya, (Officer On Special Duty) M/s Tata Devy
         Limited Kolkata At Present M/s Tata Construction And
         Project Limited, 6Th A Milton Street, Kolkata
                                                                     ----Respondents


For Petitioner(s)            :     Mr. Rajvendra Saraswat
For Respondent(s)            :     Mr. Sunil Mehta
                                   Mr. Sameer Khan



                HON'BLE MR. JUSTICE FARJAND ALI

Order

18/08/2025

1. The matter comes up on an application moved on behalf of

the Union of India indicating this Court towards a small

factual error in the judgment dated 20.03.2025 passed by

this Court in Criminal Misc. Petition No.2873/2016.

2. It is contended that, in paragraph No. 3 of the judgment

referred to above, this Court had directed the adjudicating

authority to decide the issue within a period of sixty days.

[2025:RJ-JD:36684] (2 of 2) [CRLMA-495/2025]

However, as a matter of fact, the matter had been decided

by the adjudicating authority way back in the year 2018.

3. The submission made above is not refuted by learned

counsel for the accused-petitioner.

4. A copy of the order dated 28.08.2018 is annexed to the

instant miscellaneous application.

5. In view of the above, the instant application is disposed of.

6. The applicant-Union of India is given a liberty to place on

record the order dated 28.08.2018 before the learned trial

Court for the purpose of putting assertion to their case.

Learned trial Court shall take the same on record. The above

document may be tendered into evidence and be taken into

consideration if such a plea is raised at the instance of the

applicant.

7. Needless to say, the learned trial Court shall also give the

accused an opportunity to rebut the same.

(FARJAND ALI),J 50-Samvedana/-

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