2022 (5) TMI 406
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....ir Joshi, the learned Senior Counsel assisted by Mr. Chetan Pandya, the learned advocate appearing for the writ applicant, Mr. Vinay Bairagar, the learned AGP appearing for the respondents Nos.1 and 2 respectively and Mr. Pranav Desai, the learned counsel appearing for the respondent No.3 - Bank of Baroda. 2. To a larger extent, the parties have been able to arrive at some consensus to facilitate this Court to pass an appropriate interim order. 3. On 28.04.2022, this Court passed the following order: "1. We have heard Mr. Mihir Joshi, the learned Senior Counsel assisted by Mr. Chetan Pandya, the learned advocate appearing for the writ applicant and Mr. Vinay Bairagar, the learned AGP appearing for the respondents. 2.....
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.... of the order cancelling the registration. No decision has been taken on such application. It will be in the fitness of things if an appropriate decision is taken as regards the application filed by the writ applicant seeking revocation of the cancellation order. Here also, the payment can be secured because ultimately, all the companies referred to above will be crediting the amount in the bank accounts. The third issue is with regard to statutory wages and dues. There are larger issues involved in this writ application which may have to be gone into while hearing this matter finally. However, prima facie, we are inclined to grant some relief to the writ applicant on the aforesaid three issues. 5. We want Mr. Bairagar, to immediat....
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....t of the understanding is that the raw materials lying at the factory premises and under provisional attachment of the department, would be permitted to be utilized for manufacturing the finished goods with a view to enable the writ applicant to fulfill its past contractual obligations towards the BHEL, Indian Railways and such other public sector entities. 7. In such circumstances referred to above, we proceed to pass the following directions: 7.1 The department shall at the earliest inform/intimate all the 47 debtors that they should make the necessary payments in accordance with the contracts in favour of the writ applicant and the requisite amount shall be credited to the Current Account maintained by the writ applicant with the r....
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....anufacturing of the finished goods so as to enable the writ applicant to fulfill its contractual obligations towards the companies referred to above. 8. All the aforesaid directions shall be complied with by the department at the earliest and not later than one week from today. 9. With a view to protect the interest of the Bank as well as department, we want the writ applicant to file an undertaking on oath before this Court and the department as under: "(a) Madhav Copper Ltd. would also intimate and ensure that amounts receivables from the list of all the 47 debtors, which are under provisional attachment of the department, would be received only in the Current Account Nos.03480200000834, maintained with Bank of Baroda, Main....
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....ner under the supervision of the Deputy Commissioner of State Tax, Enforcement, Bhavnagar." 10. The respondent No.3- Bank is also directed to file an undertaking before this Court and the department through a Responsible Officer as under: "(a) The writ applicant would not be permitted to use/utilize the amounts credited in the Current Account No.03480200000834; (b) The writ applicant would not be permitted to use the amounts transferred in the Cash Credit Account No.03480500000073 from the Current Account No.03480200000834 by virtue of order dated 04.05.2022; (c) It would be ensured that equivalent balance of the amount so transferred in the Cash Credit Account from the aforesaid Current Account, by virtue of o....


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