2023 (4) TMI 405

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....and natural gas products. 2. The petitioner has filed the present petition impugning the order dated 08.03.2018 (hereafter 'the impugned order') issued by respondent no.1 under Section 87(b) of Chapter-V of the Finance Act, 1994 (hereafter the 'Act') read with Section 174(2)(e) of the Central Goods & Services Tax Act, 2017 (hereafter the 'CGST Act') calling upon GAIL to pay a sum of Rs.13,13,07,485/- which, respondent no.1 believes, is owed by GAIL to respondent no.2. 3. GAIL's case as set out in the present petition is that it has not admitted that any amount is due and payable to respondent no.2; therefore, there is no question of GAIL making any payment to respondent no.1 on account of any amount due to respondent no.2. Consequentl....

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....e bank guarantees amounting to Rs.7 crores. Subsequently, the application under Section 9 of the A&C Act was directed to be considered by the Arbitral Tribunal as an application under Section 17 of the A&C Act. 4.6 In the meanwhile, respondent no.1 had also initiated proceedings in respect of statutory dues owed by respondent no.2. 4.7 On 26.10.2017, respondent no.1 issued summons to GAIL requiring it to submit information in respect of respondent no.2. It is relevant to note that at the relevant time, the respondents claim against GAIL was pending adjudication before the Arbitral Tribunal. 4.8 Based on the information, as submitted by GAIL, respondent no.1 issued the impugned order dated 08.03.2018 requiring GAIL to pay an amount ....

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.... 5. Mr. Satish Aggarwala, learned counsel appearing for respondent no.1 handed over a short reply to the said application. He also drew our attention to paragraph 9 of the said reply whereby respondent no.1 has averred that it was always respondent no.1's intention to demand from GAIL any amount payable or any amount which may become payable on account of the settlement in the light of the Arbitral Awards and the impugned notice was issued for the aforesaid purpose. Respondent no.1 also prays that directions may be issued to GAIL to pay any amount held by GAIL on account of respondent no.2, as and when it becomes payable, to the government exchequer in light of the impugned order. 6. Insofar as return of bank guarantees to respondent ....