2021(02)LCX0175

Delhi High Court

BONNE SANTE

Versus

UNION OF INDIA & ORS.

W.P.(C) 2440/2021 decided on 23/02/2021

IN THE HIGH COURT OF DELHI AT NEW DELHI

W.P.(C) 2440/2021

BONNE SANTE ..... Petitioner

Through: Mr.Nikhil Gupta, Adv.
versus
UNION OF INDIA & ORS. ..... Respondents

Through: Mr.Pradeep Kumar Sharma, Adv. for UOI
    Mr.Mohammad Shahan Ulla, Adv.

CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R
23.02.2021

[VIA VIDEO CONFERENCING]

W.P.(C) 2440/2021 & CM No. 7352/2021(of the petitioner for ad-interim ex-parte stay)

1. The petition impugns Section 171 of the Central Goods and Services Act, 2017 (CGST Act) and Rules contained in Chapter XV of the central Goods and Services Rules, 2017 (CGST Rules). In addition, in the facts of the case, challenge is also made to the order dated 13th March, 2020, report of the Directorate General of Anti-Profiteering dated 13th September, 2019 and the recovery order dated 9th February, 2021.

2. The challenge to the aforesaid legal provisions, in other petitions, is pending consideration before this Court and is listed next on 4th March, 2021.

3. Issue notice.

4. Notice is accepted by the counsel for the respondents.

5. Subject to the petitioner paying the entire demanded amount, less the GST amount already deposited, in six equal monthly instalments commencing from the month of February, 2021, there shall be stay of recovery.

6. CM No. 7352/2021 is disposed of.

7. Counter affidavit, as far as the factual aspects are concerned, be filed within six weeks.

8. Else, list along with W.P.(C) 10999/2018 and other connected petitions, on 4th March, 2021.

RAJIV SAHAI ENDLAW, J

SANJEEV NARULA, J

FEBRUARY 23, 2021

Equivalent .