Judgment:
1 W.P.No.2094/2013 United Spirits LTD.State of M.P.& others 12.3.2013 Shri Vivek Tankha, learned Sr.Advocate assisted by Shri Anurag Maheshwari, Shri Rishabh Sancheti and Shri Ravindra Gupta, Counsel for petitioner.
Shri Sanjay Dwivedi, GA for respondents.
It is submitted by the petitioner that an identical matter bearing W.P.No.6831/2010 has been entertained by this Court and this petition also involves the same question and may be entertained.
In view of aforesaid, issue notices to respondents.
Notices on behalf of the respondents are accepted by Shri Dwivedi.
He prays three weeks time to file reply.
Ad interim writ It is submitted by the petitioner that the dispute is in very short compass.
During the pendency of this petition, demand as per Annexures P/6 to P/29, P/32 to P/38, P/44 to P/46, P/49 to P/72 and the demand raised by the show-cause notices Annexures P/73 to P/113 may be stayed.
Prayer is opposed by Shri Dwivedi, learned counsel appearing for State, who submitted that petitioner may deposit the aforesaid amount subject to decision of this petition.
In reply to it, it is submitted by Shri Tankha that recently there is an amendment in the Appeal and Revision Rules under the M.P.Excise Act, 1915, by which it has been provided that at the time of filing of an appeal or revision, on depositing 25% of the demand, recovery of remaining amount can be stayed and same direction may be issued in the present case.
Though this prayer is also opposed by Shri Dwivedi, but till filing of the reply by the respondents, it is directed that in case petitioner deposits 25% of the demand raised, recovery of the remaining amount shall remain stayed.
If petitioner has already 2 W.P.No.2094/2013 United Spirits LTD.State of M.P.& others 12.3.2013 deposited some amount as per demand, aforesaid amount shall be given due adjustment towards deposit of 25% of the demand raised.
Aforesaid deposit be made within a period of three weeks from today.
As prayed, be listed for hearing in the 2 nd week of April, 2013 along with W.P.No.6831/2010 for analogous hearing.
C.C.as per rules.
(Krishn Kumar Lahoti) (M.A.Siddiqui) Judge Judge C.