M/S.Annai Infra Developers Ltd v. The Union Of Inida,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:12.03.2020
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH Writ Petition Nos.1105,& 1108 to 1113 of 2020 W.M.P.Nos.1323, 1325, 1326, 1334, 1332, 1335, 1328, 1330, 1327, 1331, 1329, 1333, 1336, 1338, of 2020 M/s.Annai Infra Developers Ltd., D.No.2/9, A.N.Towers, Dr.Sathiyamoorthy Hospital Opposite Road, 2/5, Perundurai Road, Erode-638011 Represented by its Managing Director, Subramaniam Ashok Kumar
...Petitioner in WPs
--Vs-- 1.Union of India Through Joint Secretary Department of Revenue, Ministry of Finance, North Block, New Delhi-110 001.
2.The Central Board of Indirect Taxes and Customs, North Block, New Delhi-110 001.
3.The Principal Director General, I & II Floor, Wing No:6, West Block, 08-Sector 1, RK Puram, New Delhi-110066.
4.The Director General (South) Chennai Zonal Unit, C-3, C-Wing, II Floor, Rajaji Bhavan, Besant Nagar, Chennai-600 090.
5.The Additional Director General,
6.The Additional Assistant Director,
...Respondents 1 to 6 in all WPs
7.The Branch Manager State Bank of India, 78/79, CD Building, Park Road, Erode-638 003.
...7th Respondent in WP.No.1105 of 2020 8.The Branch Manager, IDBI Bank Ltd., Khasra No.3673/3, Gopal Furnishing P Ltd., Opp Hotel Mid Town, GT Road, Erode.
...7th Respondent in WP.No.1108 of 2020 9.The Branch Manager, Indus Ind Bank Ltd.
30, Old No.159, Eldams Road, Teynampet, Chennai-600 018.
...7th Respondent in WP.No.1109 of 2020 10.The Branch Manager, HDFC Bank ltd, 456,Brough Road, Erode-638 001.
...7th Respondent in WP.No.1110 of 2020 11.The Branch Manager, Kotak Mahindra Bank, Plot No: 12, S.No.98, Bharthi Street Alagapuram, Salem-636 004.
...7th Respondent in WP.No.1111 of 2020 12.The Branch Manager, IDBI Bank Ltd., Khasra No.3673/3, Gopal Furnishing P Ltd.
Opp Hotel Mid Town, GT Road, Erode.
...7th Respondent in WP.No.1112 of 2020 13.The Branch Manager, Axis Bank Ltd, Near Sudha Nursing Home, Perundurai Road, Erode-638 011.
...7th Respondent in WP.No.1113 of 2020 COMMON PRAYER: PETITION filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus, calling for the order in
F.No:DGGI/VZU/INV/GST/102/2019, DGGI/VZU/INV/GST/102/2019/3054 dated 14.10.2019, issued by the 5th respondent, quash the same and consequently direct the 5th respondent to release the petitioner's bank account maintained with the 7th respondent bank.
For Petitioner : Ms.Naveena D.
in all Wps For Respondents : Mr.V.Sundareswaran, in all WPs Senior Panel Counsel C O M M O N O R D E R Learned counsel for the petitioner wishes to withdraw W.P.Nos.1105 and 1113 of 2020 and has made an endorsement in this regard. Hence, both these writ petitions are dismissed as withdrawn.
2. As regards the other writ petitions, though the petitioner has prayed for a quash of the orders of bank attachment dated 14.10.2019, today learned counsel for the petitioner restricts the relief sought and seeks consideration of the representation, if an when filed before the 5th respondent/The Additional Director General, Directorate General of GST Intelligence seeking release of bank accounts.
3. The petitioner is at liberty to move representation before the the 5th respondent. Such representation, if and when filed, will be disposed by the 5th respondent after hearing the petitioner within a period of two (2) weeks from date of receipt of the representation.
4. With these observations, these writ petitions are closed. Consequently, connected miscellaneous petitions are closed. No costs.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar
To 1.Union of India Through Joint Secretary Department of Revenue, Ministry of Finance, North Block, New Delhi-110 001.
2.The Central Board of Indirect Taxes and Customs, North Block, New Delhi-110 001.
3.The Principal Director General, I & II Floor, Wing No:6, West Block, 08-Sector 1, RK Puram, New Delhi-110066.
4.The Director General (South) Chennai Zonal Unit, C-3, C-Wing, II Floor, Rajaji Bhavan, Besant Nagar, Chennai-600 090.
5.The Additional Director General, 6.The Additional Assistant Director, 7.The Branch Manager State Bank of India, 78/79, CD Building, Park Road, Erode-638 003.
+2cc to Mr.S.Durairaj, Advocate Sr.21999, 22000 +1cc to Mr.V.Sundareswaran, Advocate Sr.22085 Writ Petition Nos.1105,& 1108 to 1113 of 2020 W.M.P.Nos.1323, 1325, 1326, 1334, 1332, 1335, 1328, 1330, 1327, 1331, 1329, 1333, 1336, 1338, of 2020 ca[co] srg 19/03/2020