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2015 (12) TMI 523 - ALLAHABAD HIGH COURT

2015 (12) TMI 523 - ALLAHABAD HIGH COURT - 2015 (324) E.L.T. 67 (All.) - Contempt application - punishing the opposite party for willful disobedience - Held that:- Once this Court has directed the Board to pass a reasoned and speaking order the Board could not wash of its hand saying that legal issues are involved and matter is sub-judice. In his submission it amounts to willful disobedience of the order of this Court dated 7.8.2014.

Whereas Sri Mehta submits that the order of the wri .....

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ORDER Heard Sri B.P.S. Dhakray assisted by Sri K.S. Jadaun, learned counsel for the applicant and Sri Ashok Mehta, learned Additional Solicitor General of India assisted by Sri Gaurau Mahajan, learned counsel for the opposite party. This contempt application has been filed for punishing the opposite party for willful disobedience of the order dated 7.8.2014 passed by this Court in Writ (Tax) No. 975 of 2013 (Agra Footwear Manufacturers And Exporters Chamber Regd. vs. Union of India and others) .....

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aforesaid order the opposite party no.2 has passed an order on 18.12.2014 observing as under: "Accordingly, as a question of law is involved in the matter which is sub-judice, the Board is of the view that it is not appropriate to issue clarification deciding the issue." Sri Dhakrey has invited attention of this Court towards paragraph no.5 of the affidavit duly sworn by Sri Kaushal Srivastava, opposite party no.1 on 27th March, 2015 which reads as under: "5. That the deponent has .....

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