the petitioner-company has approached this Court for interim directions for lifting the provisional attachment so that the subject bank accounts could become operable and the petitioner-company is not only able to pay the salaries and other statutory dues concerning its employees but is also able to pay the amounts claimed by the respondents.
Section 83 of the CGST Act, 2017— Provisional Attachment of the Bank Accounts -- The petitioner challenged the order of attaching the bank accounts under Section 83. The court vide order dated 03.03.2021 has asked the petitioner as to how they proposes to bridge the gap between the value of the properties and the amount claimed by the respondent. The petitioner submitted an affidavit wherein it was stated that there are 14,600 employees; they have five immovable properties which are free from encumbrances and/or charge. The petitioner-company has sought directions for lifting the provisional attachment so that the subject bank accounts could become operable and they can pay the salaries and other statutory dues concerning its employees.
Held that:-The Hon’ble High Court lifted provisional attachment of 11 bank accounts. The petitioner will ensure that it retains an amount of Rs. 2.00 crores in the said bank accounts and deposits the balance amount with the respondents. Rs. 2.00 crores will be only used to pay the salaries of the employees. The petitioner will deposit the first tranche of Rs. 5.00 crores with the respondents on or before 31.03.2021. The petitioner will deposit the original title deeds of five properties. List the matter on 05.04.2021.