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        Case ID :

        2020 (11) TMI 1024 - HC - Customs

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        Court defers hearing on Interim Application for judgment additions in Writ Petitions pending Special Leave Petition The Court deferred the hearing of an Interim Application seeking additions in a judgment related to Writ Petitions, due to the Respondents' intention to ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                            Court defers hearing on Interim Application for judgment additions in Writ Petitions pending Special Leave Petition

                            The Court deferred the hearing of an Interim Application seeking additions in a judgment related to Writ Petitions, due to the Respondents' intention to file a Special Leave Petition before the Supreme Court. The matter was adjourned for a week, with the next hearing scheduled for 3rd December, 2020, and instructions given for digital signing and emailing of the order to the Petitioner for compliance.




                            Issues:
                            1. Addition of certain elements in a judgment.
                            2. Omission of prayer clause in a writ petition.
                            3. Filing of Special Leave Petition (SLP) by the Respondents.
                            4. Scope and timing of the Interim Application hearing.

                            Analysis:
                            1. The judgment pertains to an Interim Application seeking additions in a judgment and order dated 15th October, 2020, related to Writ Petitions (L) No. 3502 of 2020 and 3503 of 2020. The Applicant requested the incorporation of prayer clause (c) from Writ Petition (L) No. 3502 of 2020 into paragraph 38 of the judgment and order.

                            2. The Respondent, represented by the learned Additional Solicitor General, opposed the Applicant's prayer, stating their intention to file a Special Leave Petition (SLP) before the Supreme Court against the judgment and order dated 15th October, 2020. The ASG mentioned that the SLP would be filed within a day or two, indicating ongoing legal actions by the Respondents.

                            3. The Court acknowledged the limited scope of the Interim Application, focusing on the specific omission of the prayer made by the Applicant in Writ Petition (L) No. 3502 of 2020. Despite the opposition by the ASG, the Court decided to defer the hearing of the Interim Application for a week due to the impending filing of the SLP by the Respondents.

                            4. Consequently, the Court directed the matter to stand over to 3rd December, 2020, as previously instructed. The order was to be digitally signed by the Private Secretary of the Court, with permission granted for the Sheristedar to email a copy of the order to the Petitioner. The Court emphasized that all concerned parties should act upon the digitally signed copy of the order, ensuring compliance with the judicial directives.
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                            ActsIncome Tax
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