O R D E R
C.M.APPL. 10331/2020 (exemption)
Allowed subject to all just exceptions.
CM No.10334/2020 in W.P.(C) 1597/2020
1. This application is filed by the petitioner seeking stay of operation of the impugned order dated 9.3.2020. The application also seeks to set aside the order dated 9.3.2020 passed by the concerned functionary Pr.ADG which confirms the provisional attachment orders dated 2.12.2019 and 3.12.2019. Relief is also sought to set aside the order dated 20.03.2020 issued by Deputy Director, DGGI.
2. After some arguments, learned counsel for the petitioner submits that in view of the fact that this Writ Petition was disposed of on 17.2.2020 he would like to withdraw this application with permission to initiate separate proceedings to challenge the impugned order dated 9.3.2020 and all other consequential directions, as per law. He, however, submits that he may be permitted to implement the communication dated 20.3.2020 issued by the Deputy Director and allow him to release without prejudice to his rights and contentions 50% of the balance lying in the attached accounts for payment of current GST liabilities.
3. Learned counsel appearing for respondent No.2 Mr.Satish Aggarwala submits that he has no objection if the petitioner were to comply with the communication dated 20.03.2020. It is further submitted that roughly more than ₹ 6 crore is lying in the bank accounts of the petitioner which have been attached. He submits that the petitioner can use a sum of ₹ 3,20,00,000/- for payment of GST liability which is payable with effect from August 2019 onwards in terms of the communication dated 20.03.2020.
4. It is directed accordingly. The concerned respondent banks will cooperate and ensure compliance of the request of the petitioner, if so made so, that a sum of ₹ 3,20,00,000/- is transferred for payment of the current GST liability of the petitioner, as per law. Respondent banks will co-operate in this regard.
5. Application is dismissed as withdrawn with liberty as sought for by learned counsel for the petitioner, subject to the above direction.
6. A copy of this order be given dasti.