(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 1503 OF 1999 1. S. Mohammed Ismail s/o. A.K. Shahul Hameed, Age : 57 years, Occupation : Business, R/o. 14, E.K. Guru Street, Chennai - 600 003. 2. C.K.C.M. Khaja Mohideen s/o. C.K.C. Abdul Kareem, Aged 60 years, Occupation : Business. 3. C.K.C.M. Seeni Masthan s/o. C.K.C. Abdul Kareem, Aged : 58 years, Occupation : Business. 4. C.K.C.M. Mahaboob Subhani s/o. C.K.C. Abdul Kareem, Aged : 53 years, Occupation : Business. 5. C.M.K. Bilal Mohamed s/o. C.K.C.M. Khader Sha, Aged : 45 years, Occupation : Business. Petitioner nos.2 to 5, all r/o. 92, Madura Road, Begampur, Dindigul-2, District : Dindigul, State of Tamilnadu. (2) 6. M/s. C.K.C.M. Khadersha & Brothers, a registered partnership firm, C.K.C. Manor, No.6, Arunachal Lane, Periamet, Chennai - 600 003. .. Petitioners. versus 1. Sales Tax Officer (C-813), Class-I, Unit-II, Ahmednagar, District : Ahmednagar. 2. Deputy Commissioner of Sales Tax, Nasik, District : Nasik. 3. Commissioner of Sales Tax, Maharashtra State, Mumbai. 4. Superintendent of Police, Ahmednagar, District : Ahmednagar. 5. Commissioner of Police, Chennai, State of Tamilnadu. 6. District Superintendent of Police, Dindigul, Dist. Dindigul, State of Tamilnadu. 7. Director General of Police, State of Tamilnadu, Chennai. 8. Mr. I.B. Mirza, Aged about 45 years, Sales Tax Officer, Class-I, Unit-II, Ahmednagar, District : Ahmednagar. (3) 9. Ahmednagar Scheme Company, Through its Partner, Shri Toufik Ahmed Allabaksha, r/o. 1328/85, Mangal Gate, Ahmednagar - 414 001, District : Ahmednagar. 10. The State of Maharashtra. .. Respondents. ....................... Mr. S.V. Natu, Advocate, for the petitioners. Mr. N.B. Patil, Assistant Government Pleader, for respondent nos. 1 to 4 and 10. Respondent nos. 5 to 9 served (Absent). ........................ CORAM : B.R. GAVAI & S.V. GANGAPURWALA, JJ. DATE : 17TH AUGUST 2010 ORAL JUDGMENT (Per B.R. Gavai, J.) : 1. By way of present petition, the petitioners have challenged the summons and the subsequent warrants, issued against the petitioners, in proceedings No. STO/IBM/CPC/97-98/B, before respondent no.1 / respondent no.8. 2. Mr. N.B. Patil, learned Assistant Government Pleader (4) appearing for respondent nos.1 to 4 and 10, has placed on record, the communication dated 13th August 2010, addressed by the Assistant Commissioner of Sale Tax (C-812), Ahmednagar, to the office of the Government Pleader, wherein a categorical statement is made, that the assessment order in case of M/s. Ahmednagar Skin Company holder, for the period 1990-1991 was completed and that the proceedings have been finalized. It is further stated in the communication that the respondent no.9 has also paid the amount under the demand on 30th July 2004. It is further specifically stated, that in view of these subsequent developments, the presence of the petitioner would not be necessary. 3. In the result, the petition is allowed. The summons and warrants issued against the petitioners, in proceedings No. STO/IBM/CPC/97-98/B, before respondent no.1 / respondent no.8, are quashed and set aside. 4. Rule is made absolute in the aforesaid terms. However, there shall be no order as to costs. ( S.V. GANGAPURWALA ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp1503