TMI Blog2009 (7) TMI 1163X X X X Extracts X X X X X X X X Extracts X X X X ..... today - Writ Petition No. 1048 of 2009 - - - Dated:- 3-7-2009 - FERDINO I. REBELLO AND BHATIA J.H. , JJ. JUDGMENT:- The judgment of the court was delivered by FERDINO I. REBELLO J. Rule. By consent of parties, heard forthwith. The first grievance as raised by the petitioner herein is that they have made an application for stay and had given various reasons as to why stay should be granted. Their application has been rejected. There is no reasoned order and the order communicated to them is in terms as set out in exhibit K to the petition. The learned counsel for the petitioner draws our attention to form No. 311 under the Maharashtra Value Added Tax Act, 2002 (VAT Act) which is an application for grant of stay and f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... curtail judicial discretion as that would interfere with the independence of the judiciary which is a basic feature of our Constitution (See Registrar (Administration), High Court of Orissa, Cuttack v. Sisir Kanta Satapathy (dead) by L.R's AIR 1999 SC 3265). However, considering rule 33, at the highest, form 312 can be read to mean that it is only a communication of the operative part of the order passed by the Tribunal. This order will apply to all proceedings before a quasi-judicial Tribunal exercising powers under the provisions of the VAT Act. Rule 312 will have to be so suitably read. We, therefore, direct all authorities exercising quasi-judicial functions under the VAT Act, that when an application for stay is moved, to gi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate of Kerala [2007] 6 VST 736; [2007] 4 SCC 188. Learned counsel for the petitioner submits that the judgment would not apply to the Maharashtra Value Added Tax Act considering that in Kerala the definition of the word dealer was amended to include a bank or a financial institution which, whether in the course of its business or not, sells any gold or other valuables pledged with it to secure any loan for the realisation of such loan amount. It is pointed out that in Maharashtra, there is no such amendment. Apart from that, it is submitted that there is difference between a pledge and hypothecation. Hypothecation, at any rate, cannot amount to sale. We do not propose to go into that issue since it is an arguable matter. Once there is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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