2016 (9) TMI 309

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....for the Petitioner Mr. V.A. Sonpal, Special Counsel, for the Respondent ORDER P. C. 1. On 222016, the Tribunal had before it an application for grant of stay against recovery of dues pending the disposal of VAT Appeal No.10 of 2016. The Vat Appeal was directed against an order of partpayment passed by the Deputy Commissioner of Sales Tax (Refund & Refund Audit2), Mumbai, dated 16-12-20....

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....ed Public Limited Company, carrying on business from the State of Gujarat and having its branch office at Mumbai. It has a registered office in the State of Gujarat. It carries on business in stainless steel. 3. It is submitted that before the First Appellate Authority and the Tribunal it was not pointed out that the petitioner is a sick industrial company within the meaning of the Sick Industr....

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.... and 22 of the SICA by Mr. Ghaterao. It is submitted that by subsection (1) to Section 22, no proceedings for the winding up of the industrial company or for execution, distress or the like against any of the properties of the industrial company or for the appointment of a receiver in respect thereof shall lie or be proceeded with further, except with the consent of the Board or, as the case may b....

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....uld be an unconditional stay of recovery. On the other hand, Mr. Sonpal, appearing for the Revenue, submits that the view taken by the Supreme Court of India in the case of Corromandal Pharmaceuticals (supra) stands and is in no way distinguished or departed from and in that regard he relies upon the Judgment in the case of Raheja Universal Limited (supra). 8. After giving our anxious considera....