M/S E.I. Dupont India Private ... vs Designated Committee-1
2021 Latest Caselaw 78 Guj

       C/SCA/9523/2020                                                 IA ORDER



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        CIVIL APPLICATION (FOR STAY) NO. 2 of 2020
                             In
       R/SPECIAL CIVIL APPLICATION NO. 9523 of 2020
==========================================================

M/S E.I. DUPONT INDIA PRIVATE LIMITED Versus DESIGNATED COMMITTEE­1 ========================================================== Appearance:

GUPTA LAW ASSOCIATES for the PETITIONER(s) No. MR ANKIT SHAH for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MR. JUSTICE J.B.PARDIWALA and HONOURABLE MR. JUSTICE ILESH J. VORA

Date : 05/01/2021

IA ORDER (PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)

1. As per our last order dated 22.12.2020, we had asked Mr. Ankit Shah, the learned Standing Counsel to discuss the issue with the authority concerned keeping in mind the judgment of this Court rendered in the case of M/s. Airlink Communication Pvt. Ltd. Vs. Union of India & Ors, decided on 01.12.2020.

2. Today, when the matter is taken up for hearing, Mr. Ankit Shah, the learned Standing Counsel submits that he would no longer be appearing in this litigation in view of the reshuffling of the standing counsel on the panel of the Union of India.

3. Mr. Sujit Ghosh, the learned Senior Counsel appearing for the writ applicant would submit

C/SCA/9523/2020 IA ORDER

that, the issue involved is very limited and if this Court takes the view that his client is entitled to claim the benefit under the SVLDRS, the order in original passed by the Commissioner, CGST, Vadodara would pale into insignificance.

4. As the other side is not ready with the matter, it is not possible for this Court to proceed today with the hearing of the main matter. As a last chance, post this matter on 20.01.2021. We are adjourning this matter with a distinct understanding that on the next date of hearing, if none appears for the respondent, this Court shall proceed to hear Mr. Sujit Ghosh, the learned Senior Counsel appearing for the writ applicant on merits and pass an appropriate order.

(J. B. PARDIWALA, J)

(ILESH J. VORA,J) SUCHIT