USV PVT LTD v. Union of India

Delhi High Court · 30 Oct 2018 · 2018:DHC:8824
Vibhu Bakhru
W.P.(C) 7650/2018
2018:DHC:8824
administrative appeal_allowed

AI Summary

The Delhi High Court held that notices of demand for alleged overcharging must be treated as show cause notices, allowing the petitioner an opportunity to respond before any final order, and directed release of interim deposits.

Full Text
Translation output
HIGH COURT OF DELHI
21. W.P.(C) 7650/2018 and CM No. 29283/2018 USV PVT LTD Petitioner
Through: Counsel (appearance not given).
VERSUS
UNION OF INDIA & ORS Respondent
Through: Mr Farman Ali, proxy counsel for Mr Ravi Prakash, CGSC.
WITH
24. W.P.(0 8387/2018 and CM No. 32210/2018 USV PVT. LTD. Petitioner
Through: Counsel (appearance not given).
VERSUS
UNION OF INDIA AND ORS. Respondents
Through: Mr Kirtiman Singh, CGSC with Mr ,:.Vikramaditya Singh,- Mr Waize Ali
Noor and Ms Shruti Dutt, Advocates.
AND
28. W.P.(C) 10307/2018 and CM No. 40183/2018 . . USV PVT LTD Petitioner
^ Through: Counsel (appearance not given).
VERSUS
UNION OF INDIA & ORS Respondents
Through: Mr Ripu Daman Bhardwaj, Advocate ^ forR-lto3.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
30.10.2018
ORDER

1. The petitioner has filed these petitions challenging the notices of demand for overcharged amounts. One of the principal controversies involved is whether the petitioner had affected sales at a price exceeding the ceiling price and, if so, the quantum ofsuch overcharged amounts. n 2018:DHC:8824 >:

2. The learned counsel appearing for the respondents state, without prejudice to their rights and contentions, that the impugned notices of demand for overcharged amounts may be treated as a show cause notice. The petitioner would be at liberty to respond to the same and also provide all necessary documents in support of their contentions. The concerned authority shall pass fresh order(s), if warranted. The learned counsel appearing for the petitioner also concurs with the said procedure.

3. Inview ofthe above, the present petitions are disposed ofin the above « terms. All the pending applications are also disposed of.

4. The amounts deposited by the petitioner pursuant to the interim orders passed by this Court are directed to be released to the petitioner.

VIBHU BAKHRU, J OCTOBER 30, 2018 RK