Delhi High Court
Sh Ishwar Chand Prop. Of vs Union Of India & Ors. on 27 April, 2022
$~63
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 27.04.2022
+ W.P.(C) 6680/2022
SH ISHWAR CHAND PROP. OF ......Petitioner
Through: Mr Malay Swapnil with Ms Bhumika
Aggarwal and Ms Shreenidhi,
Advocates.
versus
UNION OF INDIA & ORS. ......Respondents
Through: Mr Krishna K.Sharma with Mr Anil
Devlal, Advocates for respondent
no.1/UOI.
Mr Vijay Joshi, Sr Standing Counsel
for respondents no.2 and 3/CBI
CORAM:
HON'BLE MR JUSTICE RAJIV SHAKDHER
HON'BLE MR JUSTICE MANOJ KUMAR OHRI
[Physical Hearing/Hybrid Hearing (as per request)]
RAJIV SHAKDHER, J. (ORAL):-
CM APPL. 20281/2022
1. Allowed, subject to just exceptions.
W.P.(C) 6680/2022
2. Issue notice to the respondents.
3. Mr Krishna K. Sharma accepts notice on behalf of the respondent
no.1/Union of India (UOI). Likewise, Mr Vijay Joshi accepts notice on
behalf of respondent nos.2 and 3.
4. With the consent of the counsel for the parties, the writ petition is
taken up for hearing and final disposal, at this stage itself.
Signature Not Verified
Signing Date:04.05.2022
16:11:48
5. The substantive prayers made in the writ petition are as follows:
"1. Issuance of a Writ of Mandamus or any other
Appropriate Writ whereby directing the Respondents to
restore the "GSTIN 07ABSPC2338JIZJ" in the name of Sh.
Ishwar Chand Proprietor of M/S Bhagwati Trading
Company, 656-A, Chandni Chowk, Katra Hira Lal, Delhi-
110006.
2. To direct the respondents to compensate for loss of
business and reputation and be held liable to pay the
petitioner for damages and compensation amounting to the
tune of Rupees Six Lakhs Only."
6. Mr Malay Swapnil, who appears on behalf of the petitioner, at the
very outset, says that he does not wish to press the prayer made in the writ
petition for damages, and that, if so advised, the petitioner will take recourse
to an appropriate remedy, albeit as per law, with regard to the prayer made
for damages.
7. Insofar as the relief sought in prayer clause (1) is concerned, we are
informed by the counsel for the respondents that the petitioner's grievance
has been addressed.
7.1 In other words, the petitioner's GSTIN number has been restored.
7.2 Counsel for the petitioner affirms this position.
8. We have put to the counsel for the respondents, as to whether some
leeway should be granted to the petitioner to file its return.
8.1 Counsel for the respondents says that a reasonable period could be
accorded for this purpose.
8.2 Accordingly, the petitioner is granted three months to upload the
return on the web-portal. The said period will commence from the date of
receipt of a copy of this order.
Signature Not Verified
Signing Date:04.05.2022
16:11:48
9. The writ petition is disposed of in the aforesaid terms.
10. Parties will act, based on the digitally signed copy of this order.
RAJIV SHAKDHER, J
MANOJ KUMAR OHRI, J
APRIL 27, 2022 / tr
Click here to check corrigendum, if any
Signature Not Verified
Signing Date:04.05.2022
16:11:48
