bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1159 OF 2003 WITH NOTICE OF MOTION NO.543 OF 2004 The Association of Hospitals & Anr. ..Petitioners Vs. The Commissioner of Sales tax & Anr. ..Respondents Mr.C.B.Thakkar for petitioners. Mr.S.K.Nair ‘A’ Panel Counsel for respondents. CORAM :- V.C.DAGA & K.K.TATED,JJ. DATE : 19TH MARCH,2010 P.C. 1. Heard. Perused petition. 2. Mr.Thakkar submits that in view of the judgment of the Tribunal in the case of The Deputy Commissioner of Sales Tax Vs. Lilavati Hospital and Research Centre in Appeal No.98 of 2001 decided on 21 st March, 2007 and Reference Application No.86 of 2007 arising therefrom decided on 30th April, 2008, the cause of action to proceed with the matter does not survive. In this view of the matter, petition stands disposed of accordingly on the statement made by the learned Counsel for the petitioner with no order as to costs. 3. In view of dismissal of the above petition, Notice of Motion does not survive, hence the same also stands dismissed. (K.K.TATED,J.) (V.C.DAGA,J.)