Delhi High Court - Orders
Narinder Chugh vs Union Of India & Ors on 4 June, 2021
Author: Rajiv Shakdher
Bench: Rajiv Shakdher, Talwant Singh
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5885/2021
NARINDER CHUGH ..... Petitioner
Through: Mr. Priyadarshi Manish, Mrs. Anjali
Manish, Mr. Ritaj Kacker, Advs
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Manish Mohan, Adv. for R-1.
Mr. Sanjay Bansal, Sr. Adv. with Mr.
Harpreet Singh, Sr. Standing Counsel
and Mr. Amit Prasad, Adv for R-3 to
5.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE TALWANT SINGH
ORDER
% 04.06.2021 [Court hearing convened via video-conferencing on account of COVID-19] CM No.18515/2021
1. The prayer made in the captioned application is to grant exemption from filing the requisite court-fee and notarised affidavit along with the present petition. The captioned application is disposed of, with a direction to the petitioner, to place on record the notarised affidavit and to deposit the requisite court-fee, within three days of the resumption of the normal and usual work pattern by this court.
W.P.(C) No.5885/2021 & CM No.18514/2021[Application filed on behalf of the petitioner seeking interim directions]
2. It appears that the petitioner had also approached the Punjab and Haryana High Court by way of a writ petition, bearing no. as C.W.P. No. 1393/2021, whereby, a challenge was laid to the constitutional validity of W.P.(C) 5885/2021 1/3 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:12.06.2021 17:48:00 Sections 69 and 132 of the Central Goods and Services Tax Act, 2017. Besides this, it appears that the petitioner also sought interim relief against any coercive measures being taken against him in the said writ petition. 2.1 Mr. Priyadarshi Manish, who appears on behalf the petitioner, says that although in the instant petition, there is a reference to the order dated 12.03.2021, passed by the Punjab and Haryana High Court, inadvertently, the same is not placed on record.
3. We may note that the order dated 12.03.2021, passed by the Punjab and Haryana High Court, in C.W.P. No. 1393/2021 was assailed by the petitioner by way of Special Leave Petition (Civil) No.4628/2021, which was dismissed on 26.03.2021.
3.1. We are informed that the order dated 12.03.2021 was an interim order, whereby interim relief was declined to the petitioner.
4. Interestingly, the petitioner, in the present writ petition, is shown as a resident of Delhi, whereas in the writ petition filed before the Punjab and Haryana High Court, the petitioner is shown as a resident of Ludhiana.
5. Mr. Manish says that the two actions are different.
6. This and other aspects will be examined only after the order dated 12.03.2021, passed by the Punjab and Haryana High Court, in the aforementioned writ petition, is placed on record.
7. List the matter on 19.07.2021.
W.P.(C) 5885/2021 2/3 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:12.06.2021 17:48:008. In the meanwhile, Mr. Manish will obtain instructions, as to whether or not the petitioner would like to approach the Punjab and Haryana High Court for the relief sought in the instant writ petition.
RAJIV SHAKDHER, J TALWANT SINGH, J JUNE 4, 2021/pmc Click here to check corrigendum, if any W.P.(C) 5885/2021 3/3 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:12.06.2021 17:48:00