← Library
Bombay High CourtWP/11157/2024rule made absolute

M/S Kalokhe Constructions And Infrastructure Llp v. The Union Of India Thr. The Assistant Commissioner Of Cgst And Central Excise Division 1 And ANR

2024-11-11Hon'Ble Shri Justice Jitendra Shantilal Jain , Hon'Ble Shri Justice M.S. Sonak2 pages

19-ASWP-11157-2024.DOCX Amol

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11157 OF 2024 M/s Kalokhe Constructions & Infrastructure LLP

...Petitioner

Versus

The Union of India thr. The Assistant Commissioner of CGST & Central Excise Division 1 & Anr

...Respondents

______________________________________________________ Mr Nikhil Wadikar, with Aditya Sheode, for the Petitioner. Ms Sangeeta Yadav, for the Respondents.

______________________________________________________

CORAM

M.S. Sonak & Jitendra Jain, JJ.

DATED:

11 November 2024 PC:- AMOL PREMNATH JADHAV AMOL PREMNATH JADHAV Date: 2024.11.12 14:07:06 +0530 1.

Heard learned Counsel for the parties.

2.

The learned Counsel for the Petitioner, on instructions states that no notice was issued to the Petitioner before the impugned notice dated 22 May 2024 was issued and further, the Petitioner has not been served with any adjudication order based upon which the impugned notice dated 22 May 2024 could have been issued.

3.

Learned Counsel for the Petitioner points out that copy of this Petition was already served upon the Respondents.

19-ASWP-11157-2024.DOCX However, without prejudice, a fresh copy would be served upon the learned Counsel appearing on behalf of the Respondents today itself.

4.

Learned Counsel for the Respondents seeks some time to obtain instructions in the matter. Since, this matter relates to freezing of the Petitioner's bank accounts, such instructions will have to be obtained expeditiously.

5.

We post this matter on 18 November 2024. Subject to constraints of time and if, the contentions raised on behalf of the Petitioner about complete absence of notice are found to be correct, then, we will consider disposing of this Petition at the admission stage itself.

(Jitendra Jain, J) (M.S. Sonak, J)