Authority: Supreme Court of India – Registrar Court (Registrar Sh. Apurv Singh)
Order Date: 17-08-2026
Case Overview
- Civil Appeals No. 8406‑8408/2026; IA No. 142666/2026 (stay application) filed by Commissioner of Service Tax, Kolkata (appellant) against M/s Gainwell Commosaes (formerly Tractors India Pvt Ltd) (respondent).
- The respondent has not filed a counter‑affidavit despite previous time granted; counsel orally requested an additional two‑week period as a final opportunity.
- The appellant’s counsel has not paid the deficit ad valorem court fee; the Registrar directed a two‑week period to make the payment.
- The order specifies that if the counter‑affidavit is filed within the stipulated period, it will be taken on record; otherwise, no further opportunity will be allowed.
- Similarly, if the court fee is paid within two weeks, the Registry will list the matter before the Hon’ble Court; if not, the matter will be listed before the Judge in chambers for default.
Final Outcome
- Respondent granted a final two‑week extension to file a counter affidavit; failure to do so will result in denial of further opportunity.
- Appellant’s counsel granted a two‑week deadline to pay the deficit court fee; non‑payment will lead to default listing in chambers.
- The Registrar ordered that a copy of the record be furnished to the respective advocates‑on‑record for compliance.
Topics: Court Procedure, Tax Litigation