TMI Blog2016 (9) TMI 718X X X X Extracts X X X X X X X X Extracts X X X X ..... that it was open for it to transfer the power and steam to its associate company and the said transaction would be exigible to levy of sales tax. The condition which has been stipulated by the High Level Committee that the company should withdraw the case against the Government from the High Court, no longer survives. The respondents required to proceed further and consider the grant of Final Eligibility Certificate and Permanent Premier Registration - petition disposed off - decided in favor of petitioner. - Special Civil Application No. 17639 of 2005, Special Civil Application No. 5527 of 2014 - - - Dated:- 6-5-2016 - Harsha Devani And G. R. Udhwani, JJ. For the Petitioner : Mr SN Soparkar, Sr. Advocate With Mr Bh Chhatrapati, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ithdrawing Special Civil Application No.17639 of 2005. 3. This court has heard Mr. S.N. Soparkar, learned Senior Advocate with Mr. Parth Contractor, learned advocate for the petitioner and Ms. Maithili Mehta, learned Assistant Government Pleader for the respondents. 4. As can be seen from the decision taken by the High Powered Committee, the Committee has decided that one of the conditions for processing Final Eligibility Certificate of the petitioner is that the company should withdraw the case against the Government from the High Court. Under section 28 of the Contract Act, an agreement in restraint of legal proceedings is void. The Government, that too, a High Powered Committee comprised of high ranking officers like the Chief Secr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The petition is, therefore, required to be disposed of in the light of the statement made by the learned counsel. 6. In view of the fact that Special Civil Application No.17639 of 2005 is disposed of in the light of the statement made by the learned counsel for the petitioner that the petitioner gives up its challenge to the extent it had contended that it was open for it to transfer the power and steam to its associate company and the said transaction would be exigible to levy of sales tax, the condition which has been stipulated by the High Level Committee in the meeting held on 2nd May, 2012 that the company should withdraw the case against the Government from the High Court, no longer survives. Under the circumstances, the responden ..... X X X X Extracts X X X X X X X X Extracts X X X X
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