2023 (2) TMI 1393 - HC - GST

High-Stakes Legal Battle: Interim Relief Denied, Procedural Timeline Set for Comprehensive Response and Final Hearing

HC dismissed interim relief in writ petition, allowing respondents to file counter-affidavit within 4 weeks. Petitioners granted 2 weeks to reply. Court ... Petition for a final relief and that there is no specific prayer for any specific interim order - HELD THAT:- It is not inclined to grant any interim order in the matter. Let the respondents file affidavit-in-opposition within four weeks, petitioner to file reply thereto, if any, within two weeks thereafter. List this matter for final hearing after eight weeks. The Calcutta High Court, presided by Justice Md. Nizamuddin, addressed a writ petition where the petitioners, represented by Mr. Vinay Kr. Shraff and others, sought a final relief through the issuance of a Mandamus. The State was represented by Mr. Anirban Ray and others. The court noted that there was no specific request for an interim order, despite the petitioners' claim that prayer 'b' constituted such a request. Consequently, the court declined to issue an interim order.The court decided to entertain the writ petition due to the legal questions it raised, instructing the respondents to file an affidavit-in-opposition within four weeks. The petitioners are allowed to reply within two weeks thereafter. The matter is scheduled for final hearing after eight weeks.During the writ petition's pendency, the petitioner is permitted to respond to the impugned show-cause notice, and the respondent may consider and resolve the reply in accordance with the law.