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2021 Supreme(Del) 17

MANMOHAN, SANJEEV NARULA
Dhruv Krishan Maggu – Appellant
Versus
Union of India – Respondent


Advocate Appeared:
For the Petitioner:Jagmohan Bansal, Akhil Krishan Maggu, J.K Mittal, Advocates.
For the Respondents:S.V. Raju, ASG, Ravi Prakash, Aditya Shekhar, Shahan Ulla, Farman Ali, Guntur Pramod Kumar, Annam Venkatesh, Sairica S. Raju, Shaurya R. Rai, Zeal Shah, Advocates, Chetan Sharma, ASG, Akshay Gadeock, Sahaj Garg, Advocates.

JUDGMENT :

MANMOHAN, J.

CM No. 28105/2020 in WP(C) 5454/2020

CM No. 32276/2020 in WP(C) 10130/2020

1. While the CM No. 32276/2020 has been filed by the Petitioner in W.P.(C.) No. 10130/2020 seeking interim protection, CM No. 28105/2020 has been filed by Respondent nos. 2 and 3 in W.P.(C.) No. 5454/2020 seeking vacation of interim protection granted vide order dated 20th August, 2020.

2. It is pertinent to point out that when W.P.(C.) No. 5454/2020 was listed before this Court for the first time on 20th August, 2020, Mr. Chetan Sharma, learned Additional Solicitor General had fairly stated that in a similar matter the Supreme Court had directed that no coercive action be taken against the petitioner therein. On the basis of the said statement, this Court had granted interim protection to the petitioner. The relevant portion of the order dated 20th August, 2020 passed by this Court in W.P.(C.) No. 5454/2020 is reproduced hereinbelow:-

    “Present writ petition has been filed seeking a declaration that Sections 69 and 132 of the CGST Act, 2017 are arbitrary, unreasonable and being beyond the legislative competence of the Parliament are ultra vires the Constitution.

xxxx xxxx xxxx xxxx

Mr.Chetan

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