Sh Ishwar Chand v. Union of India

1. Allowed, subject to just exceptions. W.P.(C) 6680/2022

2. Issue notice to the respondents.

3. Mr Krishna K. Sharma accepts notice on behalf of the respondent no.1/Union of India (UOI). Likewise, Mr Vijay Joshi accepts notice on behalf of respondent nos.[2] and 3.

4. With the consent of the counsel for the parties, the writ petition is taken up for hearing and final disposal, at this stage itself. 2022:DHC:1693-DB

5. The substantive prayers made in the writ petition are as follows:

6. Mr Malay Swapnil, who appears on behalf of the petitioner, at the very outset, says that he does not wish to press the prayer made in the writ petition for damages, and that, if so advised, the petitioner will take recourse to an appropriate remedy, albeit as per law, with regard to the prayer made for damages.

7. Insofar as the relief sought in prayer clause (1) is concerned, we are informed by the counsel for the respondents that the petitioner’s grievance has been addressed. 7.[1] In other words, the petitioner’s GSTIN number has been restored. 7.[2] Counsel for the petitioner affirms this position.

8. We have put to the counsel for the respondents, as to whether some leeway should be granted to the petitioner to file its return. 8.[1] Counsel for the respondents says that a reasonable period could be accorded for this purpose. 8.[2] Accordingly, the petitioner is granted three months to upload the return on the web-portal. The said period will commence from the date of receipt of a copy of this order.

9. The writ petition is disposed of in the aforesaid terms.

RAJIV SHAKDHER, J MANOJ KUMAR OHRI, J APRIL 27, 2022 / tr Click here to check corrigendum, if any