SHAH INDUSTRIES Vs. MAMLATDAR,ALIEN RECOVERY

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India the petitioner has prayed for an appropriate writ, order or direction to quash and set aside the impugned notice dated 26/03/2006 and other notices issued by respondents nos. 1 and 2 from time to time.

(2.) HEARD Shri Gaurav Mathur, learned advocate appearing on behalf of the petitioner, Shri B.D. Karia, learned advocate appearing on behalf of respondent no. 2 and Shri Jaimin Gandhi, learned AGP appearing on behalf of respondents nos. 1 and 3.

(3.) TODAY , when the present petition is taken up for final hearing, Shri Gaurav Mathur, learned advocate appearing on behalf of the petitioner, under the instructions from his client, has stated at the bar that to put an end to the litigation and considering Clause/condition mentioned in the contract between the parties, the petitioner is ready and willing to pay the amount of tax liability of Rs.5,05,344/ - to respondent no.2, which shall be deposited with respondent no. 2 within a period of two weeks from today. It is submitted that therefore it may be suitably observed that on payment of the aforesaid amount of Rs.5,05,344/ - within a period of two weeks from today by the petitioner with respondent no. 2, there shall not be any sales tax liability against the petitioner with respect to the transactions in question.