TMI Blog2022 (6) TMI 764X X X X Extracts X X X X X X X X Extracts X X X X ..... 2022, i.e. prior to expiry of the period of limitation for filing a statutory appeal, then such recoveries will have no sanction of law as it would, in effect make the appellate remedy infructuous. Let a soft copy of the affidavit-in-opposition be shared with the learned advocate for the appellant not later than 19th June, 2022 and if the appellant desires to file a reply, the same should be filed not later than 22nd June, 2022. It is thereafter the matter can be listed before the Learned Single Bench for being heard and disposed of. Petition disposed off. - MAT 714 of 2022 With I.A. No.CAN 1 of 2022 With I.A. No.CAN 2 of 2022 - - - Dated:- 8-6-2022 - Hon ble Mr. Justice T. S. Sivagnanam And Hon ble Mr. Justice Hiranmay Bhattachar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the learned single Bench has not rejected the prayer sought for by the appellant in its entirety and the writ petition is pending and it was of the prima facie view that to take a decision in the matter, affidavit-in-opposition is required to be filed. 6. Mr. Ankit Kanodia, learned advocate appearing for the appellant submitted that as per the show-cause notice, the demand was around Rs. 4.93 crores and during the adjudication process, the appellant had paid Rs. 50 lakhs and thereafter a sum of Rs. 40 lakhs has been recovered from the appellant by debiting the credit ledger account and the percentage of the amount so far recovered is close to 20% of the entire demand. 7. It is submitted that had the appellant preferred an appeal as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es. 10. We have elaborately heard the learned advocates for the parties and carefully perused the materials placed on record. As pointed out earlier, the learned single Bench has not rejected the prayers sought for in the writ petition and has thought it fit to call for affidavit-in-opposition to be filed by the respondents within a time-frame. In the prima facie opinion of the learned writ Court there was no scope for passing any interim order. However, this is only a prima facie view, as recorded by the learned writ Court, more particularly, when the writ petition is still pending. 11. Be that as it may, the submission of the learned advocate for the appellant appears to be reasonable because if the appellant had preferred a statuto ..... X X X X Extracts X X X X X X X X Extracts X X X X
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