M/S. SAMSONITE SOUTH ASIA PVT. LTD. v. UNION OF INDIA & ORS.

1. The application has been listed before thisBench by the Registry in view of the urgencyexpressed therein.The same has been heardby way of video conferencing.

2. Present application hasbeen filed by the petitioner seeking a direction to respondent nos. 2 and 3 to make available all such details of the relevant 2020:DHC:3068-DB State Consumer Welfare Funds (CWFs for short) in whose favour the Petitioner is required to make pre-deposit of the alleged profiteered amount, in compliance with the order dated 20th July, 2020 passed by this Court.

3. Learned counsel for the petitioner statesthat the details of the State CWFs are neitheravailable in the public domain norhave been mentioned in the various Notifications and Office Memorandums issued by the respondent no.2.

4. He states that the petitionersent emails dated10th August 2020, 11th August 2020,25th August 2020, 31st August 2020, 01st September 2020,2nd September 2020, 09th September 2020 and 16th September 2020 to the Office of National Anti-Profiteering Authorities and the Directorate General of Anti-Profiteering, seekingthe relevant account details and vide email dated 31st August,2020, the Directorate General of Anti Profiteering had provided the details of major and minor accounts details of the respective StateCWFs. However, learned counselfor petitioner points out that the sameis incomplete. He states that the petitioner again wrote back to ask as to in whose favourthe demand draft is to be drawn, but has not received any response.

5. Issue notice.

6. Mr.Asheesh Jain,CGSC accepts notice on behalf of respondent no.1. Mr. Zoheb Hossain,Advocateaccepts noticeon behalfof respondent no.2 and Mr.Ravi Prakash, Advocate accepts notice on behalf of respondent no.3 and Mr.Amit Bansal, Sr.StandingCounsel accepts notice on behalf of respondent no.5.

7. It seems strange to theCourt that while thepetitioner wants to pay, the State Consumer Welfare Funds are neither operational nor functional. The Secretary, GST Council is directed to co-ordinate with the State Governmentand place the matter before the GST Council, if required, to ensure that the StateConsumer Welfare Funds become operational and functional as expeditiously as possible.

8. Till the State Consumer Welfare Funds become operational and necessary details of the State CWFs are made available to the petitioner, the petitioner is directed to deposit the entire amount with the Centre Consumer Welfare Funds.

9. With the aforesaiddirections,the present application stands disposed of.

10. The order be uploaded on the websiteforthwith.Copy of the order be also forwarded to the learned counsel through e-mail. MANMOHAN, J SANJEEV NARULA, J OCTOBER 20, 2020 KA