Copy of Dictated Interim Order dated 6.11.2003 of Calcutta High Court

                      

in the matter of National Tax Tribunal

 

W.P. No. 2102 of 2003

In the High Court at Calcutta

Constitutional Writ Jurisdiction

Original Side

 

Before

The Hon’ble Justice Sengupta

6-11-2003

                                                Amarnath Sen                                      

-v-                                               

Union of India

 

Dr. D.Pal, Sr. Advocate with  Mr. P.K. Pal, Advocate and Mr. Ananda Sen, Advocate for petitioner submits.

The Court : Dictates Order. The operative portion of the Dictated Order is as follows :-

xxxxxxx

xxxxxxx

There are many instances in past which shall not be ignored by this court that taking advantage of the adjournment without being accompanied by interim order some mischief was done which appeared to be irretrievable. Therefore, I restrain the respondent and/or its servants and agents from effecting any Notification pursuant to this Ordinance till Tuesday next (11-11-03) or until further order whichever is earlier. Matter will appear in the list tomorrow (7-11-03) again.

Without service of notice upon the Learned Attorney General of India, this matter cannot be heard. So, a notice upon the Learned  Attorney General of India shall be served by Speed Post and/or by facsimile communication in course of today and affidavit of service be filed on the next date of hearing.

The petitioner is permitted to move this application in the representative capacity. So, the petitioner shall issue public notification  once in English newspaper having national circulation, once in Hindi newspaper having national circulation and once in regional language Bengali in Anandbazar Patrika. Accordingly, leave under Order 1 Rule 8 of the Code of Civil Procedure, read with Rule 53 of the Writ Rules is granted. Any person is entitled to oppose or support this application, as may be advised, may join this proceedings.

All parties concerned are to act on a xeroxed signed copy of this dictated order.

Let signed copy of the operative portion of this order be made available to the parties only after putting in requisition for drawing up and completion of the order and also for the xeroxed certified copy thereof.

Sd/-

Assisstant Registrar,

High Court, O.S.,Calcutta 


Note from our Representative - 
On 7th November'2003. Dr. Pal made submissions in the Court on behalf of the petitioners. It will continue on 10th November'2003. Meanwhile the earlier interim order dated 6.11.2003 continues.

Your comments upon the issue are welcome, and you may post your comments at :

corp@incometaxinfo.com
deepak@incometaxinfo.com

npjain@incometaxinfo.com