Delhi High Court
Ms. Samsonite South Asia Pvt. Ltd vs Union Of India & Ors. on 20 October, 2020
Equivalent citations: AIRONLINE 2020 DEL 1397
Author: Manmohan
Bench: Manmohan, Sanjeev Narula
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P. (C) 4131/2020
M/S. SAMSONITE SOUTH ASIA PVT. LTD. ..... Petitioner
Through: Mr. Rohan Shah, Advocate with
Mr. Alok Yadav and Mr. Srisabari,
Advocates.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Asheesh Jain, CGSC with
Mr.Amrit Singh, Advocate for R-1.
Mr. Zoheb Hossain, Advocate for
R-2.
Mr. Ravi Prakash, Advocate for R-3.
Mr. Amit Bansal, Sr. Standing
Counsel with Ms. Vipasha Mishra,
Advocate for R-5.
% Date of Decision: 20th October, 2020
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE SANJEEV NARULA
JUDGMENT
MANMOHAN, J: (Oral) C.M.No. 26635/2020
1. The application has been listed before this Bench by t he Registry in view of the urgency expressed therein. The same has been heard by way of video conferencing.
2. Present application has been filed by the petitioner seeking a direction to respondent nos. 2 and 3 to make available all such details of the relevant C.M.No.26635 in W.P (C) No.4131/2020 Page 1 of 3 State Consumer Welfare Funds (CWFs for short) in whose favour the Petitioner is required to make pre-deposit of the alleged profiteered amount, in compliance with the order dated 20thJuly, 2020 passed by t h is Court.
3. Learned counsel for the petitioner states that the det ails of t h e State CWFs are neither available in the public domain nor have been mentioned in the various Notifications and Office Memorandums issued by the respondent no. 2.
4. He states that the petitioner sent emails dated 10th Au gust 2020, 11 th August 2020, 25th August 2020, 31st August 2020, 01st September 2020, 2nd September 2020, 09th September 2020 and 16th September 2020 to the Office of National Anti-Profiteering Authorities and the Directorate General of Anti-Profiteering, seeking the relevant account details an d vide email dated 31stAugust, 2020, the Directorate General of Anti Profiteering had provided the details of major and minor accounts details of the respective State CWFs. However, learned counsel for petitioner points out that the same is incomplete. He states that the petitioner again wrot e back to ask as to in whose favour the demand draft is to be drawn , but h as n ot received any response.
5. Issue notice.
6. Mr.Asheesh Jain, CGSC accepts notice on behalf of respondent n o.1. Mr. Zoheb Hossain, Advocate accepts notice on behalf of respondent n o.2 and Mr.Ravi Prakash, Advocate accepts notice on behalf of respondent no.3 and Mr.Amit Bansal, Sr.Standing Counsel accepts notice on behalf of respondent no.5.
C.M.No.26635 in W.P (C) No.4131/2020 Page 2 of 37. It seems strange to the Court that while the pet itioner wants t o p ay, the State Consumer Welfare Funds are neither operational nor fu nctional. The Secretary, GST Council is directed to co-ordinate with the State Government and place the matter before the GST Council, if requ ired, t o ensure that the State Consumer Welfare Fu nds become operational an d functional as expeditiously as possible.
8. Till the State Consumer Welfare Funds become operational and necessary details of the State CWFs are made available t o t he petitioner , the petitioner is directed to deposit the entire amount with the Centre Consumer Welfare Funds.
9. With the aforesaid directions, the present application stands disposed of.
10. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail.
MANMOHAN, J SANJEEV NARULA, J OCTOBER 20, 2020 KA C.M.No.26635 in W.P (C) No.4131/2020 Page 3 of 3