SASMITA INVESTMENTS LTD. Vs. APPROPRIATE AUTHORITY

JUDGEMENT

(1.) BY an order dated 29th January, 2013 passed by this court, three issues were framed as preliminary issues under the provisions of order XIV rule 2 of Code of Civil Procedure, 1908 which are set out hereinafter and are answered in the later part of the judgment. By the said order dated 29th January, 2014 this court clarified that the parties shall advance their submissions on these three preliminary issues and settlement of remaining issues was accordingly postponed till decision of this court on those three issues was rendered. Sr.No ISSUES FINDING 1 Whether the jurisdiction of the Hon'ble Court to try, entertain and dispose of the present suit is barred under Section 269UN of the Income Tax Act, 1961 as pleaded in paragraph 1 of the Written Statement and/or Section 293 of the Income Tax Act, 1961? In the affirmative Whether the law of limitation bars the present suit? Need not be answered Whether the plaintiff has the locus standi to maintain the present suit as pleaded in paragraph 11 of the written statement and/or is estopped from instituting the present suit? Need not be answered

(2.) FOR the purpose of deciding these three issues, it would be appropriate to refer to the relevant facts emerged from the pleadings and documents filed by both the parties. None of the parties have led any oral evidence on these three issues.

(3.) BY an agreement dated 13th July, 1991, the Mulanis and Mr. Omprakash Navani entered into an agreement with M/s. Seawell Interdrill Services Pvt. Ltd., on the terms and conditions contained therein (for short ''the said Act '').