Jvs Foods Private Limited vs. Union Of India

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

D.B. Civil Writ Petition No. 5633/2020

Versus

M/s Jvs Foods Private Limited

----Petitioner

Union Of India

----Respondent

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SATISH KUMAR SHARMA

Order

19/05/2020

Matter is listed on the basis of memo for urgent hearing.

Heard learned Counsel for the respective parties through Video Conferencing.

Defects as pointed out by the Registry are waived for the present.

Learned Additional Solicitor General for Union of India Mr. RD Rastogi appearing for respondent No.1 submits that no copy of the writ petition has been served on him.

Consequently, Counsel for the petitioner is directed to serve a copy of the writ petition in the office of learned Additional Solicitor General for Union of India alongwith all necessary annexures through E-Mail.

Learned Counsel representing respondent Nos.3, 4 and 5 Mr. Anuroop Singhi submits that a copy of the writ petition has been served on him yesterday at 8.00 P.M. and he has got no time to obtain necessary instructions in the matter.

Mr. Sameer Jain, Adv. learned Counsel appearing for the petitioner has placed reliance on an order dated 03.05.2019 passed by this Court in the case of Chambal Fertilisers and Chemicals Limited Vs. Union of India- D.B.Civil Writ Petition No.7091/2019 wherein similar challenge to the constitutional validity of Section 96(2) of the Rajasthan Goods and Service Tax Act, 2017 and Section 96 of the Central Goods and Service Tax Act, 2017 has been raised and while issuing notice by this Court, it is directed that no coercive steps shall be taken against the petitioner.

Accordingly, we are of the considered view that the record of the Chambal Fertilisers and Chemicals Limited cited (supra) be called for and tagged to this brief.

Issue notice to respondent No.2, returnable on 08.06.2020.

List the matter on 08.06.2020.

Till the next date, there shall be interim stay of operation of Annexure-10 dated 06.05.2020.

Name of Mr. Aashish Kumar, Adv. be shown as Counsel for Union of India in the cause list and name of Mr. Anuroop Singhi, Adv. be shown in the cause list as Counsel for respondent Nos.3 to 5.

(SATISH KUMAR SHARMA),J (INDRAJIT MAHANTY),CJ

N.Gandhi/12