2021 (10) TMI 472 - HC - GST

Seeking transfer of similar petitions - HELD THAT - Let counter affidavit be positively filed by the respondents within a period of four weeks from today. Rejoinder thereto, if any, be filed within a period of four weeks thereafter. List this case on 3rd of December, 2021.

Summary

Issues:
Transfer of petitions to the Apex Court, jurisdiction of High Courts, filing of counter affidavit, interim stay, scheduling of next hearing.

Transfer of Petitions to Apex Court:
The counsel for the petitioner informed the court that the petition filed by the Union of India seeking transfer of similar petitions before the Apex Court had been dismissed. It was conveyed that the decision on the petitions now rests with the respective High Courts for adjudication in accordance with the law.

Jurisdiction of High Courts:
The Additional Solicitor General, representing the Union of India, and the Standing Counsel for the State of Bihar appeared before the court. The court directed the respondents to file a counter affidavit within four weeks, with a provision for a rejoinder within another four weeks. No interim stay was granted, allowing the authorities to take necessary actions within the legal framework, subject to the outcome of the present petition.

Filing of Counter Affidavit and Interim Stay:
The court mandated the respondents to submit a counter affidavit within four weeks and allowed for a rejoinder to be filed within the subsequent four weeks. Notably, the court decided against granting an interim stay, permitting the concerned authorities to proceed with appropriate actions in compliance with the law, with such actions being contingent upon the final decision of the ongoing petition.

Scheduling of Next Hearing:
The case was scheduled for the next hearing on the 3rd of December, 2021, indicating a clear timeline for the progression of the legal proceedings. This scheduling ensures a structured approach to the case, facilitating timely resolution and adherence to procedural requirements.