M.M.T.C. Limited Vs. Commissioner of Commercial Tax & Ors. (Supreme Court)

It was held that the order was passed in exercise of power of superintendence under Article 227 of the Constitution of India, 1950 against which the Letters Patent Appeal is not maintainable. The High Court was not justified in holding that the Letters Patent Appeal was not maintainable. In addition, a bare reading of this Court’s earlier order shows that the impugned order is clearly erroneous. The impugned order is set aside.

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 6418 OF 2008

(Arising out of SLP (C) NO. 17397 of 2007)

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