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KAPIL HUKMICHAND KOTHARI vs. UNION OF INDIA
(Gujarat High Court)

Hon'ble Judges:

A.J.DESAI
BHARGAV D. KARIA
Pet. Counsel
Tushar Hemani
Vaibhavi K Parikh
Res. Counsel
Trupesh Kathiriya

Petitioner / Applicant

KAPIL HUKMICHAND KOTHARI
Respondent UNION OF INDIA
Court Gujarat High Court
State

Gujrat

Date Jun 7, 2022
Order No.

R/Special Civil Application No. 8900 of 2022

Citation

2022(6) TAXREPLY 5917
Original Order
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ORDER

1.Draft amendment is allowed. To be carried out forthwith. 2.Rule. Learned Assistant Government Pleader Mr. Trupesh Kathiriya waives service of notice of rule on behalf of the respondent Nos. 2 to 4. 3.With the consent of the learned advocates for the parties, the matter is taken up for final disposal. 4.By way of present petition under Articles 226 and 19(1)(g) of the Constitution of India, the petitioner has prayed as under: “a) to quash and set aside the Order of Detention under Section 129(1) of the CGST Act in Form GST MOV- 06 dated 28/04/2022 (Annexure - “A*)passed by the Respondent No. 4; (aa) That Your Lordships may be pleased to issue a Writ, direction, or order, under Article 226 of the Constitution of India, quashing and setting aside the impugned FORM MOV-10 issued by Respondent no. 4 on 06.05.2022 (Annexure - J) and declared as nonmaintainable being passed without jurisdiction; (b) to hold the Order of Detention dated 28/04/2022pa....

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