High CourtsSingle Bench(2022) 12 DEL CK 0008

Brindco Sales Pvt. Ltd vs Govt. Of Nct Of Delhi & Ors.

Delhi High Court · Decided on 1 December 2022

HON’BLE JUDGES
Tushar Rao Gedela, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 16479 Of 2022, Civil Miscellaneous No. 51757-51758 Of 2022

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Judgment

8 paragraphs · 249 words

Tushar Rao Gedela, J

1.

After some arguments, Mr. Tripathi, learned Standing Counsel, on instructions from Mr. R.C. Meena, Assistant Commissioner, Excise, Govt. of NCT of Delhi, submits that in accordance with Section 72 of the Delhi Excise Act, 2009, the Petitioner may assail the impugned order before the Appellate Authority as stipulated therein for redressal of his grievances. On instructions, Mr. Tripathi further submits that the Petitioner would be permitted to continue to conduct its business under the License L-1F as permitted for the year 2022-2023 temporarily till the final orders of the Appellate Authority are passed.

2.

Mr. Nayar, learned Senior Counsel appearing for the Petitioner submits that they are agreeable to this and would undertake exercise of filing a substantive appeal against the present impugned order before the Appellate Authority within a week.

3.

It is directed that the order so passed will not be given effect to for 72 hours from the date of the order of the Appellate Authority.

4.

Needless to say that Petitioner will be given access to the portal simultaneously with the filing of the appeal under Section 72.

5.

Mr. Nayar learned Senior Counsel undertakes to inform Mr. Tripathi the moment the appeal as aforesaid is filed.

6.

This Court has not expressed any opinion on the merits of the matter and the aforesaid order is without prejudice to the rights and contentions of the parties.

7.

Writ petition and the applications filed herewith stand disposed of, in above terms.