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Guj HC grants Stays against GST-DRC-13 considering balance of convenience

Case Law Details

TaxGuru Citation
2024 taxguru.in 5191
Case Name
Abhyuththan Gram Vikas Mandal Vs Union of India & Ors. (Gujarat High Court)
Date of Judgement/Order
Only available for paid members
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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.

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Author Info

ANANDADAY MISSHRA
Qualification: LL.B / Advocate
Company: AMLEGALS
Location: AHMEDABAD, Gujarat
Articles Published: 158

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