Krishna Trading Company vs. Union Of India And Others
(Delhi High Court, Delhi)

Case Law
Petitioner / Applicant
Krishna Trading Company
Respondent
Union Of India And Others
Court
Delhi High Court
State
Delhi
Date
Aug 18, 2021
Order No.
W.P.(C) 4954/2021
TR Citation
2021 (8) TR 4455
Related HSN Chapter/s
N/A
Related HSN Code
N/A

ORDER

O R D E R

The hearing has been done by way of video conferencing.

CM APPL. 26821/2021

By way of the present application, Applicant/Petitioner seeks stay on the direction given by the Respondent No. 4 vide its letter dated 05.08.2021 to the Respondent No.5 for recovery of ₹ 21,27,595/- from the bank account of the Petitioner and stay the operation of the order dated 17.12.2019 in Case No, 74/2019 passed by the Respondent No.2, pending the disposal of the present writ petition.

Keeping in view the orders passed by this Court in Phillips India Limited Vs. Union of India & Ors.[W.P.(C) No.3737/2020] as well as M/s. Samsonite South Asia Pvt. Ltd. Vs. Union of India &Ors. [W.P.(C) No.4131/2020] and M/s Patanjali Ayurved Ltd. Vs. Union of India & Ors. [W.P.(C) No.4375/2020], this Court directs the petitioner to deposit the principal profiteered sum of ₹ 14,01,705/- with the Consumer Welfare Funds in six equated monthly installments commencing 01st September, 2021.

At this stage, learned counsel for the petitioner assures and undertakes to this Court that the aforesaid direction shall be complied with in letter and spirit.

The aforesaid assurance and undertaking given by learned counsel for the petitioner/applicant is accepted by this Court and the petitioner is held bound by the same. Accordingly, till further orders, there shall be stay of respondent no. 4’s letter dated 05th August, 2021, and stay of the operation of the order dated 17.12.2019 in Case No, 74/2019 passed by the Respondent No.2, subject to the condition as stipulated hereinabove.

With the aforesaid directions, present application stands disposed of.

CM APPL. 26820/2021

By way of this application, the petitioner seeks to amend the writ petition to incorporate subsequent events.

Issue notice.

Mr. Zoheb Hossain, Advocate accepts notice on behalf of non-applicants/respondents no.2 and 3 and Mr. Rajiv Kapur, Advocate, accepts notice on behalf of non-applicant/respondent no.5/SBI. They have no objection to the present application being allowed.

Accordingly, the present application is allowed and the amended writ petition is taken on record. The application stands disposed of.

W.P.(C) 4954/2021

Respondents are granted liberty to file a counter-affidavit within four weeks. List on the date fixed.

The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail.

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