2020 (10) TMI 1101 - HC - GST

Direction to the respondents to permit participation of the petitioner company in the sale process initiated by the sale notice - HELD THAT - Issue notice to respondent No.2, returnable on 21.01.2021.

Summary

Issues involved:
Petitioner seeking participation in sale process, Requirement of GST registration for bidding, Concern of respondent No.3, Court's direction for participation in bidding process.

Analysis:
The writ petition was filed by the petitioner requesting direction to allow participation in the sale process initiated by a sale notice issued by respondent No.3. The petitioner had successfully bid for an adjacent property but now seeks to bid for an adjoining property as well. However, the petitioner faced an issue as the bidding portal required a GST number for registration, which the petitioner did not possess at the time. Despite a pass over, no appearance was made for respondent No.2/MMTC. Respondent No.3 clarified that the issue did not concern them. The Court directed respondent No.2 to ensure the petitioner's participation in the bidding process, subject to the petitioner applying for GST registration and submitting it when available. Notices were issued to all relevant parties, with respondent No.2 required to take necessary steps for the petitioner's participation.

This judgment revolves around the petitioner's plea to participate in a sale process for an adjoining property after successfully bidding for an adjacent property. The petitioner faced a hurdle due to the requirement of a GST registration for bidding on the web portal. Despite respondent No.3's stance that the issue did not pertain to them, the Court directed respondent No.2 to facilitate the petitioner's participation in the bidding, contingent upon the petitioner obtaining and submitting the GST registration as soon as it becomes available. The Court's intervention aimed to address the petitioner's predicament and ensure fair access to the bidding process, emphasizing compliance with necessary requirements for participation.

In this case, the Court's decision was centered on enabling the petitioner's involvement in the bidding process for an additional property. The petitioner's inability to register on the bidding portal due to the lack of a GST number was a crucial issue addressed in the judgment. Despite respondent No.3's assertion that the matter did not concern them, the Court intervened by instructing respondent No.2 to facilitate the petitioner's participation, subject to the petitioner fulfilling the GST registration requirement. By issuing notices to all relevant parties and setting a return date, the Court ensured that the petitioner's request for participation was addressed promptly and fairly, underscoring the importance of procedural compliance for equitable access to the bidding opportunity.