1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION COMPANY COMPANY COMPANY APPLICATION APPLICATION APPLICATION NO.251 and 253 OF 2007 NO.251 and 253 OF 2007 NO.251 and 253 OF 2007 IN IN IN COMPANY COMPANY COMPANY PETITION PETITION PETITION NO.1168 OF 2001 NO.1168 OF 2001 NO.1168 OF 2001 State State State of Maharashtra of Maharashtra of Maharashtra (th.Sales (th.Sales (th.Sales Tax Dept) Tax Dept) Tax Dept) ...... Applicant Applicant Applicant vs vs vs Official Official Official Liquidator Liquidator Liquidator in respect of in respect of in respect of M/s M/s M/s Shalimar Tube Industries Ltd Shalimar Tube Industries Ltd Shalimar Tube Industries Ltd ...... Respondent Respondent Respondent Ms.Geeta Ms.Geeta Ms.Geeta Shastri,AGP for Applicant Shastri,AGP for Applicant Shastri,AGP for Applicant Ms.K.V.Gautam, Ms.K.V.Gautam, Ms.K.V.Gautam, Dy.O.L.present Dy.O.L.present Dy.O.L.present CORAM CORAM CORAM : : : DR.D.Y.CHANDRACHUD, J DR.D.Y.CHANDRACHUD, J DR.D.Y.CHANDRACHUD, J DATED DATED DATED : : : 15th June, 2007 15th June, 2007 15th June, 2007 P.C. P.C. P.C. 1.1.1. An Application has been taken out by the State An Application has been taken out by the State An Application has been taken out by the State of of of Maharashtra Maharashtra Maharashtra for seeking condonation of delay and for seeking condonation of delay and for seeking condonation of delay and for for for challenging the decision of the Official challenging the decision of the Official challenging the decision of the Official Liquidator Liquidator Liquidator in in in so far as it rejects the claim of the so far as it rejects the claim of the so far as it rejects the claim of the Sales Sales Sales Tax Tax Tax Department to the payment of interest and Department to the payment of interest and Department to the payment of interest and penalty. penalty. penalty. The delay has been satisfactorily The delay has been satisfactorily The delay has been satisfactorily explained explained explained and is condoned. In the affidavit in and is condoned. In the affidavit in and is condoned. In the affidavit in rely rely rely filed by the Official Liquidator it has been filed by the Official Liquidator it has been filed by the Official Liquidator it has been stated stated stated in para 16 that in view of the Judgment of in para 16 that in view of the Judgment of in para 16 that in view of the Judgment of this this this court court court of 17th April 2007 (State of Maharashtra of 17th April 2007 (State of Maharashtra of 17th April 2007 (State of Maharashtra vs vs vs Official Liquidator in respect of M/s Wester Official Liquidator in respect of M/s Wester Official Liquidator in respect of M/s Wester Works Works Works Engineers Ltd) Company Application No.586 of Engineers Ltd) Company Application No.586 of Engineers Ltd) Company Application No.586 of 2006 2006 2006 in Company Petition No.459 of 1989) the in Company Petition No.459 of 1989) the in Company Petition No.459 of 1989) the liquidator liquidator liquidator may be permitted to re-adjudicate the may be permitted to re-adjudicate the may be permitted to re-adjudicate the 2 claim claim claim of the sales tax authorities. In the of the sales tax authorities. In the of the sales tax authorities. In the Judgment Judgment Judgment and order dated 17th April, 2007 this and order dated 17th April, 2007 this and order dated 17th April, 2007 this Court Court Court disposed of the Company Application in the disposed of the Company Application in the disposed of the Company Application in the following following following terms : terms : terms : " In the circumstances, the Company In the circumstances, the Company In the circumstances, the Company Application Application Application is made absolute by setting is made absolute by setting is made absolute by setting aside aside aside the decision of the Official the decision of the Official the decision of the Official Liquidator Liquidator Liquidator to to to the extent to which it rejects the extent to which it rejects the extent to which it rejects the the the claim claim claim on account of interest and penalty on account of interest and penalty on account of interest and penalty prior prior prior to the date of the order of winding to the date of the order of winding to the date of the order of winding up. up. up. The Official Liquidator shall The Official Liquidator shall The Official Liquidator shall re-adjudicate re-adjudicate re-adjudicate afresh upon the claim of the afresh upon the claim of the afresh upon the claim of the applicant applicant applicant for the payment of interest and for the payment of interest and for the payment of interest and penalty penalty penalty under the provisions of the Bombay under the provisions of the Bombay under the provisions of the Bombay Sales Sales Sales Tax Act, 1959 and the Central Sales Tax Act, 1959 and the Central Sales Tax Act, 1959 and the Central Sales Act Act Act up to the date of the order of winding up to the date of the order of winding up to the date of the order of winding up up up and arrive at a fresh decision after and arrive at a fresh decision after and arrive at a fresh decision after furnishing furnishing furnishing an opportunity of being heard to an opportunity of being heard to an opportunity of being heard to the the the applicants with reference to their applicants with reference to their applicants with reference to their application. application. application. This exercise shall be carried This exercise shall be carried This exercise shall be carried out out out within a period of three months from within a period of three months from within a period of three months from which which which an an an authenticated copy of this order is authenticated copy of this order is authenticated copy of this order is made made made available. available. available. For For For the the the reasons indicated in the decision dated reasons indicated in the decision dated reasons indicated in the decision dated 17th 17th 17th April, 2007 and in view of the statement made April, 2007 and in view of the statement made April, 2007 and in view of the statement made by by by the the the Official Liquidator on affidavit the present Official Liquidator on affidavit the present Official Liquidator on affidavit the present Company Company Company Applications are also disposed of in terms Applications are also disposed of in terms Applications are also disposed of in terms of of of the same directions. the same directions. the same directions. (Dr.D.Y.Chandrachud, (Dr.D.Y.Chandrachud, (Dr.D.Y.Chandrachud, J) J) J) .........