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Bombay High CourtWP/1939/2024disposed off

Maersk Line India Private Limited v. Union Of India

2024-06-18Hon'Ble Shri Justice Jitendra Shantilal Jain , Hon'Ble Shri Justice K.R. Shriram2 pages

1/2 402-WP-1939-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by PURTI PRASAD PARAB Date:

2024.06.24 14:35:50 +0530 ORDINARY ORIGINAL CIVIL JURISDICTION PURTI PRASAD PARAB WRIT PETITION NO. 1939 OF 2024 Maersk Line India Private Limited ....Petitioner V/s.

Union of India and Ors.

...Respondents

---- Mr. Sriram Sridharan a/w Mr. Shanmuga Dev i/b Mr. Sriram Sridharan for Petitioner.

Mr. Karan Adik a/w Ms. Sangeeta Yadav for Respondents. ---- CORAM : K.R. SHRIRAM & JITENDRA JAIN, JJ.

DATED : 18th JUNE 2024 P.C. :

1.

This petition is being disposed in terms of the order dated 18th June 2024 in Writ Petition No. 1925 of 2024.

2.

Unlike Writ Petition No.1925 of 2024, in this petition Respondent No. 2 is yet to pass an order in the Application dated 27th October 2017 (Exhibit D to this petition) filed by petitioner for extension of time in terms of the proviso to Section 140(5) of the Central Goods and Services Tax Act, 2017 (CGST Act). Reminder was filed vide letter dated 27th December 2017 which is also annexed to this petition. Hence, we direct Respondent No.2 to decide the Application dated 27th October 2017 filed by petitioner within a period of 4 weeks from the date of the uploading of this order in terms of the order dated 18th June 2024 of this court in Writ Purti Parab

2/2 402-WP-1939-2024.doc Petition No. 1925 of 2024. Before passing any order, Respondent No.2 will give an opportunity of being heard to petitioner with prior notice of atleast seven working days.

3.

Consequently, we quash and set aside the impugned order in appeal dated 30th October 2023 passed by Respondent No.3 and direct Respondent No.3 to denovo adjudicate petitioner's appeal within a period of four weeks from the date of the order passed by Respondent No.2 in the Application dated 27th October 2017. Before passing any order, Respondent No.3 will give an opportunity of being heard to petitioner with prior notice of atleast seven working days.

4.

Petition disposed. No order as to costs.

(JITENDRA JAIN, J.) (K.R. SHRIRAM, J.) Purti Parab