Case Law Details
Abhyuththan Gram Vikas Mandal Vs Union of India & Ors. (Gujarat High Court)
The applicant was before the Honourable High Court of Gujarat, in a writ, against an ex-parte order. During the pendency of such a writ, the respondent had initiated the recovery proceedings by intimating the debtors of the applicant restricting the payment of the applicant.
Such a recovery letter was also not shared with the applicant, even after being requested on multiple occasions, and hence the applicant was compelled to file an application for getting direction of the Honourable Court to bring such a document on record by the respondent and also prayed for stay of operation of such recovery proceeding.
The Honourable High Court of Gujarat while appreciating the ex-parte order and considering the balance of convenience has granted the stay on such recovery proceeding.
FULL TEXT OF THE JUDGMENT/ORDER OF GUJARAT HIGH COURT
1. Heard learned advocate Mr.Anandodaya S.Mishra for the applicant-original petitioner and learned Assistant Government Pleader Ms. Shrunjal Shah for the respondent Nos. 2,3 and 4.
2. This application is filed during the pendency of the petition as the respondents have initiated the recovery proceedings by intimating the debtors of the applicant restricting the payment of the applicant.
3. Learned Assistant Government Pleader Ms. Shah has placed on record the letter in FORM GST-DRC-13 dated 19th June, 2024, the same is taken on record.
4. The main contention of the petitioner is that the order-in- original in FORM DRC-07 is passed on 28th February, 2024 without giving an opportunity of hearing to the petitioner though prayed for by the petitioner in reply dated 26th February, 2024.
5. Hence we are of the opinion that the petitioner has a very good prima facie case and the balance of convenience is also in favour of the petitioner and if the respondents are not restrained from the recovery proceedings, it would result into irreparable loss to the petitioner
6. In view of the above, the respondents are restrained from taking any coercive action against the petitioner during the pendency of this petition.
7. The Civil Application stands disposed of accordingly. The main matter to be listed for further hearing on 30th October, 2024.
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