2023 (11) TMI 357

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....No. 19183 of 2023: For the Petitioner(s) No. 1,2 : Mr Mihir Joshi, Senior Counsel With Mr Sandeep Singhi, Advocate For Singhi & Co For the Respondent(s) No. 1,3,4 : Mr Devang Vyas, Asg With Mr Priyank Lodha, Senior Standing Counsel For the Respondent(s) No. 2 : Mr. Trupesh C. Kathiriya, Assistant Government Pleader/PP Appearance In Special Civil Application No. 19243 of 2023: For the Petition....

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....on is whether the petitioners' platform which is used for gaming would fall within an actionable claim amounting to betting and gambling. Essentially, it is the case of the learned Senior Advocate Mr. Joshi that it is not an actionable claim which is sought to be so conveyed in the show cause notice. He has relied on the provisions of Section 2(52) of the Act read with Section 7 thereof particular....

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....h Sankhla vs State of Rajasthan and Others reported in 2020(2) RLW 1601 (Raj.) decided a similar issue i.e. whether there is an element of betting/ gambling. The said issue has now attained finality by way of a decision of the Apex Court in SLP (Civil) Diary No. 18478 of 2020 in favour of the petitioner therein. 6. Perusal of the show cause notice would indicate that the authorities while purport....

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....he show cause notice. 9. Direct service is permitted. ORDER IN SPECIAL CIVIL APPLICATION NO. 19243 OF 2023 1. Heard Mr. Tushar Hemani, learned Senior Counsel appearing with Mr. Abhay Desai, learned advocate for the petitioner and Mr. Devang Vyas, learned Additional Solicitor General appearing with Mr. Priyank Lodha, learned Senior Standing Counsel for respondents. 2. Challenge in this petition....