LAWS(RAJ)-1999-2-62

HINDUSTAN ZINC LIMITED Vs. UNION OF INDIA

Decided On February 11, 1999
HINDUSTAN ZINC LIMITED Appellant
V/S
Union of India And Ors. Respondents

JUDGEMENT

(1.) HEARD Mr. Kothari on admission. He submits that petitioner is a public sector company, is being harassed every year by issuing demand in violation of Union of India's policy. Every year company has to file petition and get stay order from the Court against the seizing of bank account and illegal recoveries. Under the order of Supreme Court, High Power Committee is also appointed by the Government of India to settle the disputes with the Government of India, its various Departments and between the public sector undertaking of Government of India and the Government. According to the learned counsel in the earlier years, disputes were referred to such Committee and Committee permitted the petitioner to file cases before the Court. Learned counsel for the petitioner relies on the observations of Supreme Court in O.N.G.C. vs. Collector of Central Excise (1994) 116 CTR (SC) 643.

(2.) HAVING regard to the fact that petitioner itself is a public sector undertaking of the Government of India, we issue notice to the respondents to show-cause as to why this petition be not admitted and disposed of at the stage. Issue notice of the stay petition also. Meanwhile the bank accounts of the petitioner company shall not be seized for the purpose of recoveries of taxes due to Union of India except with the permission of Committee of Disputes constituted by the Government of India till the disposal of stay petition.