Kerala High Court
M/S Paragon Polymer Products (P) Ltd vs Union Of India on 31 July, 2023
Author: C.S.Dias
Bench: C.S.Dias
WP(C) No.24830/2023 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
Monday, the 31st day of July 2023 / 9th Sravana, 1945
WP(C) NO. 24830 OF 2023
PETITIONERS:
1. M/S PARAGON POLYMER PRODUCTS (P) LTD, SREENIVASA IYER ROAD,
KOTTAYAM- 686 001, REPRESENTED BY DIRECTOR,MR. REJI K JOSEPH
2. REJI K.JOSEPH, S/O UTHUP, KODUVIRACHIRA, AISWARYA ROAD,
MUTTAMBALAM P.O., KOTTAYAM, PIN - 686004
RESPONDENTS:
1. UNION OF INDIA, DEPARTMENT OF REVENUE, REPRESENTED BY FINANCE
SECRETARY, NORTH BLOCK, NEW DELHI, PIN - 110001
2. THE COMMISSIONER OF CENTRAL TAX & CENTRAL EXCISE,
THIRUVANANTHAPURAM COMMISSIONERATE, GST BAHAVAN, PRESS CLUB ROAD,
THIRUVANANTHAPURAM, PIN - 695001
3. ADDITIONAL COMMISSIONER OF CENTRAL TAX, OFFICE OF THE THE
COMMISSIONER OF CENTRAL TAX & CENTRAL EXCISE, GST BAHAVAN, PRESS
CLUB ROAD, THIRUVANANTHAPURAM, PIN - 695001
4. DEPUTY COMMISSIONER OF CENTRAL TAX, OFFICE OF THE ASSISTANT
COMMISSIONER OF CENTRAL TAX & CENTRAL EXCISE, KOTTAYAM DIVISION, V
PUBLSIHERS BUILDINGS, KOTTAYAM - 686 001.
5. THE SUPERINTENDENT OF CENTRAL TAX & CENTRAL EXCISE, KOTTAYAM RANGE
-1, KOTTAYAM.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay all further proceedings for realizing the amounts covered
by Exhibit P38 order through revenue recovery proceedings or in any other
manner known to law till the disposal of this writ petition (civil).
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/s.VIJAY V. PAUL, AJAY V.ANAND, SHILPA SOMAN, GOKUL KRISHNAN R. & SAMAH
ABDUL MAJID, Advocates for the petitioners, the court passed the
following:
WP(C) No.24830/2023 2/3
C.S.DIAS,J.
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W.P.(C)No.24830 of 2023
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Dated this the 31st day of July, 2023
ORDER
Admitted. The learned Deputy Solicitor General of India takes notice for the first respondent. Sri.Sreelal N.Warrier takes notice for the respondents 2 to 5.
Having considered the pleadings and materials on record and after perusing Exts P36 & P38 orders, I am satisfied that the petitioners have made out a prima-facie case for an interim order. Hence, I stay further coercive proceedings pursuant to Ext P38 order, for a period of two months.
Sd/-
C.S.DIAS,JUDGE DST/31.07.23 WP(C) No.24830/2023 3/3 APPENDIX OF WP(C) 24830/2023 Exhibit P38 TRUE COPY OF THE ORDER IN ORIGINAL NO. 01/2023-24 (GST) ADC DATED 03.05.2023 ALONG WITH FORM GST DRC-07 DATED 09.05.2023.