Delhi High Court - Orders
Jbj Technologies Limited vs The Chairman, Central Board Of Indirect ... on 18 May, 2023
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4699/2021
JBJ TECHNOLOGIES LIMITED ..... Petitioner
Through: Mr. Gunjan Kumar, Adv.
Versus
THE CHAIRMAN, CENTRAL BOARD OF INDIRECT
TAXES AND CUSTOMS, DEPARTMENT OF
REVENUE & ORS. ..... Respondents
Through: Mr. Raghvendra Tiwari, Adv. for
R-1&2.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
HON'BLE MR. JUSTICE AMIT MAHAJAN
ORDER
% 18.05.2023 CM No.26268/2023
1. This is an application filed by Mr. Satish Aggarwala, the learned counsel who has been appearing on behalf of respondents no.3 and 4, seeking discharge from the present matter.
2. Mr. Satish Aggarwala is not present in the Court.
3. The learned counsel appearing for the petitioner has drawn the attention of this Court to the contents of the present application.
4. It is the case of Mr. Satish Aggarwala that he has been unable to contact respondents no.3 and 4. It is also stated in the application that he has been appearing for the said respondents on a, bona fide, impression that the said respondents are under the Department of Revenue, Ministry of Finance, Government of India.
5. It is unfortunate that the aforesaid statement is being made after almost two years have elapsed since Mr. Satish Aggarwala had accepted notice on behalf of respondents no.3 and 4.
6. He had thereafter, appeared intermittently in the matter and had also sought time to file a counter affidavit on behalf of respondents no.3 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 24/09/2023 at 13:02:25 and 4. The right of respondents no.3 and 4 to file the counter affidavit was closed on 16.05.2023, but the hearing was deferred to enable Mr. Satish Aggarwala to acquaint himself with the brief, as he appeared clueless regarding the matter.
7. At this stage, Mr. Satish Aggarwala has appeared and states that he had accepted notice erroneously.
8. We are disappointed to note that Mr. Satish Aggarwala had been appearing for respondents no.3 and 4 without any instructions and had repeatedly sought adjournments on their behalf, without examining the petition.
9. The proceedings in this petition have been deferred for more than two years mainly because, either Mr. Satish Aggarwala was not present, or at his request. This is not a conduct expected from a counsel and an Officer of the Court.
10. Let a copy of this order be communicated to the Bar Council of Delhi.
11. Mr. Satish Aggarwala is discharged from the present matter.
12. The application is disposed of.
W.P.(C) 4699/2021
13. Issue fresh notice to respondents no.3 and 4, returnable on 21.09.2023.
14. Notice shall go by speed post and electronic modes. Dasti in addition.
VIBHU BAKHRU, J AMIT MAHAJAN, J MAY 18, 2023 'gsr' 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 24/09/2023 at 13:02:25