Asian Metal Depot v. Pr. Commissioner Cgst And C.Ex. Mumbai And 3 ORS.

901 wp3426-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION Digitally signed by TRUSHA TUSHAR MOHITE Date:

2022.04.01 15:32:25 +0530 TRUSHA TUSHAR MOHITE WRIT PETITION NO.3426 OF 2021 Asian Metal Depot ..... Petitioner Vs.

Pr.Commissioner of CGST & C.Ex.

Mumbai South Commissionerate & Ors. ..... Respondents Ms.Rutuja N. Pawar a/w Ms.Hetal Laghave for the Petitioner Mr.Swapnil Bangur a/w Mr.Siddharth S. Chandrashekhar for the Respondents

CORAM:

S.V.GANGAPURWALA & VINAY JOSHI , JJ.

DATED :

MARCH 31, 2022 P.C.

.

We have heard the learned counsel for the petitioner and the Respondents.

2.

The petitioner has already given application / objection to the provisional attachment. Demand notice is also issued against the petitioner.

3.

The Respondents shall decide the application / objection of the petitioner to the provisional attachment on its own merits in accordance with law preferably within 15 days. Till the objection is decided and intimation of the order is issued to the petitioner, the recovery may not be Mohite 1/2

901 wp3426-21.odt made pursuant to the impugned demand notice.

4.

All contention of parties are kept open.

5.

Liberty to the parties to proceed ahead and file fresh proceedings depending upon the decision taken upon the objection of the petitioner.

6.

Writ Petition disposed of. No costs.

(VINAY JOSHI, J.) (S.V.GANGAPURWALA, J.) Mohite 2/2