2020 (9) TMI 207

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... ORDER ( PER : HONOURABLE MR. JUSTICE J. B. PARDIWALA ) 1. The draft amendment is allowed. The same shall be carried out at the earliest. 2. With the consent of the learned counsel appearing for the parties, the matter is taken up for final hearing. Rule returnable forthwith. Shri Chintan Dave, learned Assistant Government Pleader waives service of notice of Rule for and on behalf of t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....lly release the goods under Section 67(6) of the GST Acts; D. Pending notice, admission and final hearing of this petition, this Hon'ble Court may be pleased to direct forthwith release of truck number RJ-47-GA-0270 along with goods contained therein and further proceedings pursuant to impugned confiscation notice dated 15.8.2020 (annexed at Annexure A) may pleased be stayed; ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....g in Form GST MOV-10. The writ applicant was informed that the hearing would be conducted on 22.08.2020. However, the writ applicant informed the respondent No.3 that he has already approached the High Court challenging the notice in Form GST MOV-10. It appears that the hearing which was scheduled to be held on 22.08.2020 was adjourned. However, during the pendency of the proceedings before this C....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

..... 9. In the result, this writ application succeeds and is hereby allowed. The impugned order passed by the respondent No.3 dated 27.08.2020, Annexure-K, in Form GST MOV-11 is hereby quashed and set aside. The matter is remitted to the respondent No.3 with a direction to give an opportunity of hearing to the writ applicant. 10. We may clarify that for any good reason that the hearing of the m....