High Court of Punjab and HaryanaCOCP/1024/2020disposed of

Adhunik Crop Care Private Limited v. Sunil S. Katiyar

2020-07-13Mr. Justice Harsimran Singh Sethi2 pages

COCP-1024-2020 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH COCP-1024-2020 Date of decision: - 13.07.2020 Adhunik Crop Care Private Limited ....Petitioner

Versus

Sunil S. Katiyar, Commissioner, Central Goods and Service Tax, SCO 407-408, Sector-8, Panchkula.

.....Respondent CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Deepak Gupta, Advocate, for the petitioner. **** HARSIMRAN SINGH SETHI , J. (ORAL) The petition has been taken for hearing through video conference due to Covid-19 pandemic.

Present contempt petition has been filed alleging wilful & intentional violation of order dated 19.12.2019 passed by this Court in CWP-28353-2018 titled as Adhunik Crop Care Private Limited through its Director Vs. Union of India and others.

Learned counsel for the petitioner submits that above-said petition filed by the petitioner was allowed by this Court and respondents were directed to refund in cash 50% of value of goods, which are lying in the factory premises of the petitioner and the said order was to be complied with within a period of one month. Learned counsel for the petitioner further submits that respondents have not complied with the directions given by this Court despite the fact that the time period granted by this Court has already elapsed and the respondents are intentionally NARESH KUMAR 2020.07.13 15:57 I attest to the accuracy and integrity of this document Chandigarh

COCP-1024-2020 -2and wilfully disobeying the order passed by this Court dated 19.12.2019 (Annexure P-1) making themselves liable to be proceeded against under the Contempt of Courts Act, 1971.

Notice of motion.

Mr. Ramesh Kumar Ambavta, Assistant Advocate General, Haryana, who has joined the proceedings through video conference, keeping in view the service of advance copy of petition, accepts notice on behalf of respondents.

Learned State counsel, on instructions from Ms. Rachana Singh, Joint Commissioner (Legal), CGST, Panchkula, submits that the respondents have decided to file LPA against the order dated 19.12.2019 (Annexure P-1). Learned State counsel further submits that in case the respondents are not able to get an interim order in their favour within a period of six weeks from today, the order passed by this Court dated 19.12.2019 will be implemented in its letter and spirit without any failure. Learned counsel for the petitioner submits that keeping in view the statement of learned counsel for the respondents, recorded above, he does not want to press this contempt petition any further. Present contempt petition is disposed of having not pressed. It is made clear that the respondents will be bound by their statement recorded above and any violation of the same will be viewed very seriously, in case brought to the notice of this Court. ( HARSIMRAN SINGH SETHI ) July 13, 2020 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2020.07.13 15:57 I attest to the accuracy and integrity of this document Chandigarh