2015 (11) TMI 1714

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....ar Barman and Sukalpa Seal, for the Petitioner. Shri S.B. Saraf, K.K. Maity and Ujjal Kumar Ray, for the Respondent. ORDER Let the affidavit-of-service filed in Court today be kept on record. 2. The subject-matter of challenge in the instant writ proceeding - a remand application dated 8th September, 2015 - arises due to evasion of payment of Service Tax by the petitioner. 3.&e....

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....ed against the petitioner, which is pending before the learned Additional Chief Judicial Magistrate at Alipore (South 24 Parganas). The records reveal that the petitioner was taken into custody and he subsequently applied for bail before this Court. An order was passed on 3rd November, 2015, whereby bail was granted primarily based on an undertaking given by the petitioner that he would pay the ba....

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.... 6. In the facts of this instant case, this application is not made bona fide by the petitioner. The reason is, a person who gives an undertaking before this Court - which evidently is not complied with, subsequently - and gets benefit of an order based on such undertaking and thereafter seeks to invoke this Court's jurisdiction under Article 226 of the Constitution of India, is not a pers....