“Forced To Sit Idle”: Gujarat High Court Summons Registry Officer After Only One File Sent In Batch Of 200 GST Confiscation Petitions

The Gujarat High Court on Wednesday (November 26) asked the Registrar (Judicial) to explain why only one file was sent to the court in a batch of 200 petitions concerning confiscation proceedings under the GST Act, remarking that due to non-supply of the petitions the court was forced to sit idle waiting for the appropriate file. 

The court has asked the registry to send an officer at 2:30pm today, to explain why this approach was adopted.

A division bench of Justice AS Supehia and Justice Pranav Trivedi were hearing a batch of matters concerning the power to issue notice for confiscation under GST Act and in what manner can confiscation proceeding be initiated, if at all can it be initiated and in what manner can the goods be released.

Noticing that all the files/petitions were not available when the matter was called, the bench in its order dictated:

"Though it is noticed that a group of 200 matters has been notified only one matter has been sent by the Registry. A proper officer from the Registry is directed to remain present to explain why this approach has been adopted. We have noticed that because of this non-supply of the matters we are forced to sit idle waiting for the appropriate file to come before us. Appropriate explanation will be tendered by Registrar (Judicial) by 2:30pm". 

Case title: M/S KANCHAN INDIA LTD. & ORS. V/S STATE OF GUJARAT & ORS and

SMIT DIPEN SHAH, M/S  LIBERTY PRODUCTS  V/S STATE OF GUJARAT & ANR. Batch

R/SCA/1403/202, R/SCA/8353/2022 and related petitions