M/S Shobha Woollens PVT LTD vs. Union Of INDIA

WP/23557/2021HC TelanganaGSTCNR HBHC01037588202119 November 2021Bench: B.VIJAYSEN REDDY4 pages
AI SummaryWithdrawn

Held

The Court did not decide on the merits of the case. The learned counsel for the Petitioner sought permission from the Court to withdraw the writ petition, and a letter to that effect was filed. The Court granted this permission. Consequently, the writ petition was dismissed as withdrawn. No costs were awarded. Any pending miscellaneous petitions were also closed.

Facts

M/s Shobha Woollens Pvt. Ltd. (Petitioner) filed a writ petition before the High Court for the State of Telangana at Hyderabad. The Petitioner sought a writ of Mandamus or other appropriate order to declare the action of the 3rd Respondent, the Joint Director of the Enforcement Directorate, Hyderabad Zonal Office, in directing the 4th Respondent, the State Enforcement Officer, to freeze the Petitioner's current bank account as arbitrary, illegal, and unconstitutional. The Petitioner also sought directions to allow free operation of the said account. The Petitioner further sought to unfreeze the account to the extent of Rs. 2 Crore to meet various statutory and operational payments, including Advance Income Tax, GST, PF, bank interest, municipal taxes, salaries, and other operational expenses.

Key Issues

1. Whether the action of the 3rd Respondent in directing the 4th Respondent to freeze the Petitioner's current bank account bearing Account No. 30078159489, as communicated by the 4th Respondent via letter dated 04.09.2021, is arbitrary, illegal, and unconstitutional, thereby warranting a writ of Mandamus. Petitioner's Contention: The Petitioner argued that the freezing of the bank account was arbitrary and illegal, preventing them from meeting essential financial obligations. They sought the unfreezing of the account to the extent of Rs. 2 Crore for statutory payments like GST and Income Tax, as well as operational expenses. Respondents' Contention: The judgment does not record any specific arguments or contentions made by the Respondents. The order only notes the Petitioner's counsel seeking permission to withdraw the writ petition.

AI-generated summary — verify with the full judgment below

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY ONE PRESENT THE HON'BLE SRI JUSTICE B.VIJAYSEN REDDY wRfT PETITION NO. 23557 0F 2021 Between: M/s Shobha Woollens Pvt. Ltd., ClN. U17297UP1994PTC016227 Through authorized Representative Mr. Umakant Rai, Having Office at. Hariyaon, Gyanpur Road, Bhadohi, Uttar Pradesh-2214O1 ...PETITIONER AND 1. Union of lndia, Through Principal secretary (Revenue), Department of Revenue, I\ilinistrv of Finance. Gbvemment of lndia, New Delhi z. gniori6ment Direciorate, Through Director, 6th Floor, Lok Nayak Bhawan, Khan Market, New Delhi-1 10 003 3. iiffil'bi'itieloint Oiiector, Enforcement Directorate, Hyderabad Zonal Office, - Srd floor, Shakar Bhawan, Basheerbagh, Hyderabad-S00 004'

4.

Si;te E[n11oi inOii, inroubn Chief Ma-nagei, Commercial Branch, Hall No 87-88, 2nO ftoor Niryat Bhawan B-hadohi, Sant Ravidas Nagar-221401 ...RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ of Mandamus or any other appropriate writ or

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