Serum Institute Of India Pvt. Ltd. v. Union Of India And ORS

bdp 1-wp-889.22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by BIPIN DHARMENDER PRITHIANI Date:

2022.02.01 15:30:51 +0530 BIPIN DHARMENDER PRITHIANI WRIT PETITION NO. 889 OF 2022 Serum Institute of India Pvt. Ltd.

... Petitioner

Versus

Union of India and Ors.

... Respondents ****** Mr. Rohan Shah, Senior Advocate a/w Mr. Anupam Dighe, Ms. Shrusti Relekar and Ms. Chandani Tanna i/by India Law Alliance for the Petitioner.

Mrs. A. A. Purav, AGP for the Respondent No.4. Mr. J. B. Mishra for the Union of India.

****** CORAM: R. D. DHANUKA AND S. M. MODAK, JJ.

DATE : 31st JANUARY, 2022 (Through Video Conference) P.C. :- .

Mr. Shah, learned senior counsel for the petitioner on instruction seeks liberty to withdraw this petition and prays that the application dated 18th January, 2021 filed by the petitioner before the Assistant Commissioner, Division VI (Hadapsar), Pune-II GST Commissionerate, ICE House, Sassoon Road, Pune - 411 001, requesting to re-credit the amount of refund, since the petitioner has already debited the Electronic Credit Ledger Account under the Rule 86(3) of CGST Rules, 2017 be decided.

2.

Writ Petition is allowed to be disposed off as withdrawn with a direction to the Assistant Commissioner, Division VI (Hadapsar) to

bdp 1-wp-889.22.doc decide the said application dated 18th January, 2021 made by the petitioner requesting to re-credit the amount of refund of Rs.16,48,14,781/- to the Electronic Credit Ledger of the petitioner within two weeks from the date of receipt of an authenticated copy of this order. The order that would be passed by the respondents shall be communicated to the petitioner within one week from the date of the passing of such order. If the application for re-credit is allowed, the amount shall be re-credited to the Electronic Credit Ledger of the petitioner within one week from the date of passing of order. If any adverse order is passed against the petitioner, the petitioner would be at liberty to file appropriate proceedings in accordance with law. 3.

Parties to act on an authenticated copy of this order. [S. M. MODAK, J.] [R. D. DHANUKA, J.]