High Court of DelhiW.P.(C)/9120/2016

Reliance Life Sciences Private Limited v. Union Of India & ORS

2016-10-04Hon'Ble Mr. Justice Sanjeev Sachdeva2 pages

$~70 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 9120/2016 RELIANCE LIFE SCIENCES PRIVATE LIMITED..... Petitioner Through :

Ms Pratibha M.Singh, Senior Advocate with Ms Archana Sahadeva and Ms Rukma George versus UNION OF INDIA & ORS ..... Respondents Through :

Ms Bharathi Raju, Advocate for R-1 to 3.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 04.10.2016 CM No.36929/2016(exemption) Allowed, subject to all just exceptions.

W.P.(C) 9120/2016 & CM No.36927/2016(direction), 36928/2016(leave to file lengthy synopsis) Issue notice. Notice is accepted by the learned counsel appearing for the respondents.

The petitioner impugns the demand notice dated 22.02.2016 whereby a demand of Rs.4,10,34,633/-, being the over-charged amount along with interest thereon, has been demanded.

It is contended that the petitioners have filed representation on 13.04.2016 and till date, the said representation has not been disposed of. It is also contended that coercive steps are contemplated by the respondents WP(C) 9120/2016

without even disposal of the representation.

Learned counsel for the respondents, submits that the representation is under consideration and would be disposed of within a period of four weeks. She, however, submits that the amounts demanded by the respondents be secured in the meantime.

In view of the above, the respondents are directed to dispose of the representation dated 13.04.2016 of the petitioners within a period of four weeks.

The petitioner shall deposit a bank guarantee in the sum of Rs.4,10,34,633/- with the respondents to secure the amount demanded in the impugned show-cause notice dated 09.02.2016( signed on 22.02.2016). The bank guarantee shall be kept alive for a period of three months from today. The order disposing of the representation shall be communicated to the petitioner. The respondent shall not encash/invoke the bank guarantee for the period of two weeks from the date of communication of the order on the representation of the petitioner, in case the same is against the petitioner. The petitioner would be entitled to seek such remedies as may be available in law, if aggrieved by the decision of the respondent. The writ petition is disposed of in the above terms. SANJEEV SACHDEVA, J OCTOBER 04, 2016 'sn'

WP(C) 9120/2016