M/S. Nautilus Metal Crafts PVT. LTD. vs. Principal Additional Director General & Anr.

W.P.(C)/9063/2022HC DelhiGSTCNR DLHC01081464202222 September 2022Bench: HON'BLE MR. JUSTICE RAJIV SHAKDHER,HON'BLE MS. JUSTICE TARA VITASTA GANJU2 pages
For Petitioner: Ms Anjali J. Manish, AdvFor Respondent: Mr Aditya Singla, Sr. Standing Counsel with Ms A. Sahitya Veena and Mr Adhiswar Suri, Advs. for Revenue. Mr Sanjay Kumar, Manager, Axis Bank
AI SummaryWithdrawn

Held

The Court noted that the petitioner's counsel stated that the provisional attachment orders on the subject bank accounts had been lifted by the concerned banks. Consequently, the substantial grievance of the petitioners was considered redressed. The counsel further stated that the petitioners did not wish to press the remaining prayers made in the writ petitions. Based on this submission, the Court held that the writ petitions were accordingly closed. The ratio decidendi is that when the primary grievance that led to the filing of a writ petition is resolved, and the petitioner does not wish to pursue other ancillary prayers, the Court will close the proceedings. The operative direction was to close the writ petitions and consequently, all pending applications.

Facts

The petitioners, M/s. JBB Apparels Pvt. Ltd., M/s. Nautilus Metal Crafts Pvt. Ltd., and M/s. JBN Apparels Pvt. Ltd., filed writ petitions before the Delhi High Court. The petitions challenged provisional attachment orders issued by the Principal Additional Director General of GST Intelligence concerning their bank accounts. The revenue department was the respondent. The core issue revolved around the attachment of these bank accounts. During the proceedings, it was stated that the banks had lifted the provisional attachment orders on the subject bank accounts. Consequently, the petitioners' substantial grievance was deemed redressed.

Key Issues

1. Whether the petitioners' substantial grievance stands redressed consequent to the lifting of provisional attachment orders on their bank accounts, thereby rendering the writ petitions infructuous. Petitioner's Contention: The petitioner's counsel stated that since the provisional attachment orders on the subject bank accounts have been lifted by the concerned banks, the substantial grievance of the petitioners has been redressed. Therefore, the remaining prayers in the writ petitions are not pressed. Revenue's Contention: The judgment does not record any specific contention from the revenue department regarding the lifting of the attachment orders or the maintainability of the petitions post-redressal of the grievance.

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Heard together (3 matters)

W.P.(C) 9061/2022
W.P.(C) 9063/2022
W.P.(C) 9252/2022

Read from the judgment's own cause title. This page is filed under one of them.

$~2 to 4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9061/2022 & CM Appl.35013/2022

M/S. JBB APPARELS PVT. LTD.

..... Petitioner

Through: Ms Anjali J. Manish, Adv.

versus PRINCIPAL ADDITIONAL DIRECTOR GENERAL OF GST INTELLIGENCE AND ANR

..... Respondents Through: Mr Aditya Singla, Sr. Standing Counsel with Ms A. Sahitya Veena and Mr Adhiswar Suri, Advs. for Revenue.

Mr Sanjay Kumar, Manager, Axis Bank.

+ W.P.(C) 9063/2022 & CM Appl. 34973/2022

M/S. NAUTILUS METAL CRAFTS PVT. LTD. ..... Petitioner

Through: Ms Anjali J. Manish, Adv.

versus

PRINCIPAL ADDITIONAL DIRECTOR GENERAL & ANR.

..... Respondent Through: Mr Aditya Singla, Sr. Standing Counsel with Ms A. Sahitya Veena and Mr Adhiswar Suri, Advs. for Revenue. Mr Sanjay Kumar, Manager, Axis Bank.

+ W.P.(C) 9252/2022 & CM Appl.34975/2022

M/S. JBN APPARELS PVT. LTD.

..... Petitioner

Through: Ms Anjali J. Manish, Adv.

versus PRINCIPAL ADDITIONAL DIRECTOR GENERAL DIRECTORATE GENERAL OF GST INTELLIGENCE & ANR.

..... Respondents W.P.(C) 9061/2022 & connected

The judgment continues below.

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