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Mirza International Ltd. & Others v. Union Of India & Others - WRIT TAX No. - 423 of 2006 [2007] RD-AH 15405 (12 September 2007)

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Civil Misc. Writ Petition (Tax) No. 423 of 2006

12.09.2007 Hon'ble Sushil Harkauli, J.

Hon'ble A.K. Roopanwal, J.

It is common ground that the applications have been moved before the Supreme Court for withdrawing similar cases including this case, involving the same question pending in various High Courts of the country to the Supreme Court to ensure a homogeneous decision and early settlement of law on the issue by the Apex Court. It has also been stated that one of the litigations has been withdrawn from a High Court by the Supreme Court and is now pending hearing before the Supreme Court.

It has, therefore, been suggested that hearing of this matter on merits should be postponed till the decision of the Supreme Court either on the application for withdrawal of this case from the High Court to the Supreme Court or the declaration of law in the case already withdrawn by the Supreme Court, whichever is earlier and, in the meantime, the interim order granted should be directed to be continued.

From the side of the respondents, an application has been moved virtually to the same effect, that is to keep the matter pending.

In the view of this stand of the parties, we direct that this matter may now be listed when any of the parties move an application for listing of the case mentioning either that the Supreme Court has given its decision on either of the two aspects stated above, or for any other substantial ground which may require hearing of the matter without awaiting the Apex Court.

The interim order will continue till the next listing.



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