Brindco Sales Pvt. Ltd vs Govt. Of Nct Of Delhi & Ors.
2022 Latest Caselaw 3190 Del

                                             Neutral Citation Number 2022/DHC/005269



                          $~55
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                     Judgment delivered on: 01.12.2022

                          +      W.P.(C) 16479/2022 and CM Nos.51757-51758/2022

                                 BRINDCO SALES PVT. LTD                            ..... Petitioner

                                                      versus

                                 GOVT. OF NCT OF DELHI & ORS.                      ..... Respondents


                          Advocates who appeared in this case:
                          For the Petitioner : Mr. Rajiv Nayar and Mr. Sandeep Sethi, Senior
                                               Advocates with Ms. Simran, Mr. Vedanta
                                               Varma, Ms. Kiran Devrani, Ms. Manavi Saren
                                               and Mr. Shubhankar Choudhary, Advocates


                          For the Respondents :       Mr. Santosh Kumar Tripathi, Standing counsel
                                                      with Mr. Arun Panwar, Mr. Tapesh Raghav and
                                                      Ms. Mahak Rankawat, Advocates

                          CORAM:
                          HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

                                                      JUDGMENT

TUSHAR RAO GEDELA, J. (ORAL)

1. After some arguments, Mr. Tripathi, learned Standing Counsel, on instructions from Mr. R.C. Meena, Assistant Commissioner, Excise, Govt. of NCT of Delhi, submits that in accordance with Section 72 of the Delhi Excise Act, 2009, the Petitioner may assail the impugned order before the Appellate Authority as stipulated therein for redressal of his grievances. On instructions, Mr. Tripathi further submits that the Petitioner would be

Signature Not Verified Digitally Signed By:VINOD KUMAR

18:12:53 Neutral Citation Number 2022/DHC/005269

permitted to continue to conduct its business under the License L-1F as permitted for the year 2022-2023 temporarily till the final orders of the Appellate Authority are passed.

2. Mr. Nayar, learned Senior Counsel appearing for the Petitioner submits that they are agreeable to this and would undertake exercise of filing a substantive appeal against the present impugned order before the Appellate Authority within a week.

3. It is directed that the order so passed will not be given effect to for 72 hours from the date of the order of the Appellate Authority.

4. Needless to say that Petitioner will be given access to the portal simultaneously with the filing of the appeal under Section 72.

5. Mr. Nayar learned Senior Counsel undertakes to inform Mr. Tripathi the moment the appeal as aforesaid is filed.

6. This Court has not expressed any opinion on the merits of the matter and the aforesaid order is without prejudice to the rights and contentions of the parties.

7. Writ petition and the applications filed herewith stand disposed of, in above terms.

TUSHAR RAO GEDELA, J

DECEMBER 01, 2022/yg

Signature Not Verified Digitally Signed By:VINOD KUMAR

18:12:53