Pankaj Kumar Kataria vs. Addl Commissioner Of CGST & Anr.

W.P.(C)/3009/2024HC DelhiGSTCNR DLHC01009731202429 February 2024Bench: HON'BLE MR. JUSTICE SANJEEV SACHDEVA,HON'BLE MR. JUSTICE RAVINDER DUDEJA1 pages
For Petitioner: Mr. Prince Mohan Sinha & Mr. Maneesh Jain, AdvocatesFor Respondent: Mr. Arnav Kumar, SSC with Mr. Chetanya Kapoor, Advocate
AI SummaryRemanded

Facts

The petitioner, Pankaj Kumar Kataria, has filed a writ petition before the Delhi High Court. The respondents are the Additional Commissioner of CGST and another authority. The case involves a compliance order dated February 29, 2024, which the petitioner failed to comply with within the stipulated time, leading to a delay of 26 days. The petitioner has filed an application (CM APPL. 26177/2024) seeking condonation of this delay. The respondents' counsel has accepted notice and seeks time to take instructions regarding the application.

Held

The Court has not yet decided the merits of the application for condonation of delay. The order indicates that the respondents' counsel has accepted notice and requires time to take instructions. Consequently, the Court has adjourned the matter to July 18, 2024, to allow the respondents to formulate their response. No findings have been made on the petitioner's request for condonation of delay, nor has any relief been granted or denied at this stage. The issue of compliance with the order dated February 29, 2024, and the reasons for the delay remain to be addressed.

Key Issues

1. Whether the delay of 26 days in complying with the order dated February 29, 2024, is liable to be condoned, considering the facts and circumstances presented by the petitioner? The petitioner's side argued for the condonation of delay, implying that there were sufficient reasons for the non-compliance within the prescribed period. The specific grounds for the delay are not detailed in the provided text, but the filing of the application itself indicates a request for judicial leniency. The respondents' side, represented by their counsel, has accepted notice and requested time to take instructions, suggesting they will respond to the petitioner's application after internal consultation. No specific legal provisions or precedents were cited in the provided text for either side's arguments.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3009/2024 PANKAJ KUMAR KATARIA ..... Petitioner Through: Mr. Prince Mohan Sinha & Mr. Maneesh Jain, Advocates. versus ADDL COMMISSIONER OF CGST & ANR. ..... Respondents Through: Mr. Arnav Kumar, SSC with Mr. Chetanya Kapoor, Advocate. CORAM: HON'BLE MR. JUSTICE SANJEEV SACHDEVA HON'BLE MR. JUSTICE RAVINDER DUDEJA

O R D E R %

17.05.

2024 CM APPL. 26177/2024 (delay 26 days in compliance of order dated 29.02.2024)

1.

Office Report indicates that Process Fee has not been filed. However, Mr. Chetanya Kapoor, an associate of Mr. Arnav Kumar, Senior Standing Counsel for the Respondent is present in Court and accepts notice. Let digital copy of the application be furnished to learned counsel, who prays for time to take instructions.

2.

At request, list on 18.07.2024. SANJEEV SACHDEVA, J RAVINDER DUDEJA, J MAY 17, 2024/RM 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 21/05/2024 at 11:47:39

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