Delhi High Court - Orders
Deepak Khandelwal Proprietor M/S Shri ... vs Commissioner Of Cgst, Delhi West & Anr on 9 October, 2023
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~27
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6739/2021
DEEPAK KHANDELWAL PROPRIETOR M/S SHRI
SHYAM METAL ..... Petitioner
Through: Mr. Rajesh Jain, Mr. Virag
Tiwari, Mr. Ramashish
and Mr. K.J. Bhatt, Advs.
versus
COMMISSIONER OF CGST, DELHI WEST & ANR.
..... Respondents
Through: Mr. Harpreet Singh,
Senior Standing Counsel
with Ms. Suhani Mathur,
Mr. Jatin Kumar Gaur &
Mr. Gurpreet Singh, Advs.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
HON'BLE MR. JUSTICE AMIT MAHAJAN
ORDER
% 09.10.2023 CM APPL. 52302/2023 in W.P.(C) 6739/2021
1. The petitioner/applicant has filed the present application, inter alia, praying that respondents be directed to release currency and two mobile phones that were seized from the petitioner on 28.01.2020. It is submitted that the petitioner visited the office of Respondent No. 2 for the aforesaid purpose, but the judgment dated 17.08.2023 has not been complied with.
2. It is noted that this Court had directed the respondents to forthwith release the currency and other valuable assets seized from the petitioner during the search proceedings conducted on 28.01.2020.
3. The prayer as sought for by the applicant cannot be 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 12/10/2023 at 02:15:47 granted since this Court has already issued the directions for release of the currency and valuable assets, and there is no requirement for issuing fresh directions to the said effect. However, prima facie, it appears that Respondent No. 2 has acted in wilful disobedience of the judgment passed by this Court, and proceedings for Contempt of the Court are required to be issued.
4. Issue notice as to why action for wilful disobedience of the judgment dated 17.08.2023 be not taken against Respondent No. 2.
5. Mr. Harpreet Singh accepts notice on behalf of Respondent No. 2.
6. List on 17.10.2023.
7. Respondent No. 2 shall be present in Court on next date of hearing for further proceedings. Respondent No. 2 is also at liberty to file his response to the aforesaid notice before the next date of hearing.
VIBHU BAKHRU, J AMIT MAHAJAN, J OCTOBER 9, 2023 "SK"
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 12/10/2023 at 02:15:47