2019 (5) TMI 562 - HC - GST

Compliance with the pre-deposit - the first instalment of ₹ 50 crores has been deposited by the Petitioner in the Central Consumer Welfare Fund. It is clarified that the balance amount of ₹ 40 crores will also be deposited with the Central Consumer Welfare Fund. HELD THAT - Permission is granted to the Respondents to further transfer 50% of the amount of ₹ 90 crores deposited by the Petitioner into the State Consumer Welfare Funds as per the ratio determined by the Respondents. The interim order passed by this Court on 16th January 2019 is made absolute during the pendency of this petition. The application is disposed of.

Summary

Issues: Compliance with court order for depositing funds into Consumer Welfare Fund, permission for transfer of funds to State Consumer Welfare Funds, stay of interim order, appearance of advocate for Respondent-1, filing of rejoinder.

Compliance with Court Order for Depositing Funds into Consumer Welfare Fund:
The petitioner, through their counsel, informed the court that they have deposited the first instalment of ?50 crores in the Central Consumer Welfare Fund as per the court's order dated 16th January 2019. The remaining amount of ?40 crores will also be deposited accordingly. The court granted permission to the respondents to transfer 50% of the total amount of ?90 crores deposited by the petitioner to the State Consumer Welfare Funds based on a determined ratio. The court disposed of the application in these terms, ensuring compliance with the order.

Permission for Transfer of Funds to State Consumer Welfare Funds:
In addition to depositing funds in the Central Consumer Welfare Fund, the court granted permission to the respondents to transfer 50% of the total deposited amount of ?90 crores by the petitioner into the State Consumer Welfare Funds as per a ratio determined by the respondents. This decision aimed to ensure that a portion of the funds is utilized at the state level for consumer welfare purposes, as requested by the respondents.

Stay of Interim Order:
The court made the interim order passed on 16th January 2019 absolute during the pendency of the petition. By granting this stay, the court ensured that the interim order would remain in effect until the final resolution of the case. The application related to the stay was disposed of accordingly by the court.

Appearance of Advocate for Respondent-1 and Filing of Rejoinder:
The court noted the appearance of Mr. Vikrant N Goyal, Advocate for Respondent-1 in the order dated 16th January 2019. Furthermore, the court directed the filing of a rejoinder before the next date of the hearing, setting the next listing for 20th August 2019. These procedural steps were taken to ensure that all parties were duly represented and had the opportunity to present their arguments and responses effectively in the case.