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Bombay High Court

UNION OF INDIA THROUGH SECRETARY AND OTHERSversusSHIRDI COUNTRY INNS PRIVATE LIMITED THROUGH ITS DIRECTOR LAXMAN KARIYA

Disposal
DISPOSED OFF

Holding

The Court stayed the show‑cause notice and disposed of the civil application without vacating the ad‑interim relief.

Summary

The Union of India filed a civil application seeking to vacate an ad‑interim relief that had been granted in a writ petition filed by Shirdi Country Inns Private Ltd., which restrained the Union from taking coercive action pending the writ. The Union argued that the relief prevented it from completing adjudication proceedings under Section 74 of the CGST Act to recover GST, interest and penalty, and that the statutory limitation period would expire on 31‑03‑2026. The petitioner contended that a bank guarantee of Rs. 40,00,000 had already been furnished and that the Union had not filed a reply to the writ petition, so a stay on the show‑cause notice would prejudice the statutory process. The Court, noting the pending reply, granted a stay on the show‑cause notice until further orders and set deadlines for the parties to file replies and rejoinders. The civil application was thereafter disposed of without vacating the interim relief.

Issues considered

  • Whether the ad‑interim relief granted in the writ petition should be vacated or modified to allow the Union to proceed with adjudication under the CGST Act.
  • Whether a stay on the show‑cause notice issued under Section 74 of the CGST Act is appropriate pending resolution of the writ petition.

Legislation cited

  • Central Goods and Services Tax Act — s. 74

Subjects

  • CGST Act
  • Section 74
  • ad‑interim relief
  • stay order
  • limitation period
  • adjudication proceedings
  • writ petition
  • bank guarantee

Judgment

2026:BHC-AUG:13172-DB

                                                                            930 ca 3479 2026 re-dictation



                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                930 CIVIL APPLICATION NO. 3479 OF 2026
                                           IN WP/12579/2025

                         UNION OF INDIA THROUGH SECRETARY AND OTHERS
                                            VERSUS
                        SHIRDI COUNTRY INNS PRIVATE LIMITED THROUGH ITS
                                    DIRECTOR LAXMAN KARIYA

                                               WITH
                                   WRIT PETITION NO. 12579 OF 2025

                                                    …
                    •   Adv. Golegaonkar Madhur A. for Applicant in CA
                    •   Adv. A. A. Rastogi a/w. Adv. P. M. Rastogi a/w. Adv. Meenal
                        Songire a/w. Adv. Aarya More for the Petitioner in WP
                    •   Mr. M. K. Goyanka, AGP for State
                    •   Adv. D. S. Laddha h/f. Adv. P. P. Kothari for Respondent No. 6 in
                        WP
                                                    …

                                          CORAM : NITIN B. SURYAWANSHI AND
                                                  VAISHALI PATIL-JADHAV, JJ.

                                          DATE    : 24.03.2026

             PER COURT:


             1.            At the time of admission, by order dated 10.10.2025, this Court

             granted ad-interim relief in terms of prayer clause “K”, on the condition

             that the petitioner shall furnish a bank guarantee in the sum of Rs.

             40,00,000/-       from   a    nationalised   bank,   thereby    restraining           the

             respondents from taking any coercive action against the petitioner,

             pending disposal of the writ petition. Accordingly, the petitioner has

             furnished the bank guarantee.
             ksk/                                                                                 1/3
                                                       930 ca 3479 2026 re-dictation



2.        The respondents have filed the present Civil Application for

vacating ad-interim relief and, in the alternative, seeking clarification

that ad-interim relief granted by this Court shall not prevent the

applicants    from    proceeding   with   and   completing     adjudication

proceedings pursuant to the show cause notice dated 29.09.2025 issued

under Section 74 of the CGST Act, whereby recovery of GST amounting

to Rs. 4,04,30,101/- along with applicable interest and penalty for the

period from Financial Year 2019-20 to 2024-25 is proposed against the

petitioner.

3.        It is contended in the application that the said show cause

notice constitutes foundation of statutory adjudication proceedings

under CGST Act. It is further contended that, instead of participating in

adjudication proceedings and availing statutory remedies under the

CGST Act, the petitioner has filed the present writ petition at a pre-

adjudication stage.

4.        It is submitted that the statutory limitation period for

completion of adjudication proceedings and passing of the adjudication

order expires on 31.03.2026. If the ad-interim relief is not vacated

and/or modified, the applicants would be prevented from completing

the adjudication proceedings within the prescribed period of limitation,

which would cause serious prejudice to the statutory process and public

revenue, and the proceedings would be rendered infructuous. Hence, it


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                                                          930 ca 3479 2026 re-dictation



is prayed that ad-interim relief be vacated and in the alternative, the

applicants be permitted to proceed with the completion of adjudication

proceedings pursuant to the said show cause notice.

5.       The application is vehemently opposed by the petitioner,

contending that, pursuant to the order dated 10.10.2025, bank

guarantee of Rs. 40,00,000/- has already been furnished. It is further

contended that the applicants have not even filed reply to the writ

petition. If stay to the show cause notice is granted, the statutory period

of limitation would stop operating.

6.       In view of the above, till the reply is filed and the writ petition

is considered for admission, we deem it appropriate, at this stage, to

grant stay to the impugned show cause notice dated 29.09.2025 until

further orders. The respondents shall file their reply, if any, on or before

08.05.2026. The petitioner may file rejoinder, if any, on or before

10.06.2026.

7.       Stand over to 11.06.2026.

8.       Civil Application stands disposed of.



[VAISHALI PATIL-JADHAV, J.]                 [NITIN B. SURYAWANSHI, J.]




ksk/                                                                            3/3


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