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Delhi High Court - Orders

Mahender Kumar Bareja Proprietor M/S ... vs Govt Of Nct Of Delhi Through Chief ... on 1 July, 2024

Author: Yashwant Varma

Bench: Yashwant Varma

                             $~16
                             *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                             +         W.P.(C) 8777/2024 & CM APPL. 35755/2024 (stay)
                                       MAHENDER KUMAR BAREJA PROPRIETOR M/S
                                       BAREJA SONS                       ..... Petitioner
                                                   Through: Mr. Bharat Kumar Tripathi,
                                                            Advocate.

                                                                            versus

                                       GOVT OF NCT OF DELHI THROUGH CHIEF SECRETARY
                                       & ORS.                                .... Respondents
                                                      Through: Mr. Avishkar Singhvi, Mr.
                                                               Vivek Kumar Singh, Mr.
                                                               Naved      Ahmad      &    Mr.
                                                               Shubham Kumar, Advocates
                                                               for R-1 to 3
                                                               Mr. Asheesh Jain, CGSC with
                                                               Mr. Ishank Jha, Advocate for
                                                               R-4
                                                               Mr. Anurag Ojha, Senior
                                                               Standing Counsel with Mr.
                                                               Kumar Abhishek & Mr.
                                                               Subham Kumar, Advocates
                                                               for R-5
                                       CORAM:
                                       HON'BLE MR. JUSTICE YASHWANT VARMA
                                       HON'BLE MR. JUSTICE RAVINDER DUDEJA
                                                ORDER

% 01.07.2024 CM APPL. 35756/2024 (exemption) Allowed, subject to all just exceptions.

Application stands disposed of.

W.P.(C) 8777/2024 & CM APPL. 35755/2024 (stay)

1. Notice. Since the respondents are duly represented, let a reply be filed within a period of three weeks from today. The petitioner shall have two weeks therefrom to file a rejoinder affidavit.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2024 at 20:48:59

2. Let this writ petition stand tagged with W.P. (C) 16547/2023 to be called on the date fixed i.e. 23.08.2024.

3. Bearing in mind the identity of the challenge which stands raised to Section 16(4) of the Central Goods and Services Tax Act, 2017 ['CGST Act'] and following the interim orders passed in the other matters, we hereby provide that any final orders that may be passed pursuant to the impugned Show Cause Notice would be subject to the outcome of the present writ petition.

YASHWANT VARMA, J.

RAVINDER DUDEJA, J.

JULY 01, 2024/vp This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2024 at 20:48:59