Prodair Air Products INDIA Private Limited vs. State Of Kerala

RP/1015/2020HC KeralaGSTCNR KLHC01072890202011 February 2021Bench: HONOURABLE MR. JUSTICE AMIT RAWAL2 pages

For Respondent: GP SRI B HARISH KUMAR

AI SummaryDismissed

Held

The High Court held that re-agitating arguments is not permissible in a review petition and found no error apparent on the record in its previous order.

Facts

Prodair Air Products India Private Limited filed a review petition against an earlier order in WP(C). 18443/2020, attempting to re-agitate arguments previously made in the original writ petition.

Key Issues

The key legal issue was whether a review petition could be used to re-agitate arguments already considered and if there was any error apparent on the face of the record in the original judgment.

AI-generated summary — verify with the full judgment below

Heard together (2 matters)

RP.No.1015 OF 2020

WP(C). 18443/2020

Read from the judgment's own cause title. This page is filed under one of them.

Cause title — parties, addresses and appearances

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942 RP.No.1015 OF 2020 IN WP(C). 18443/2020 AGAINST THE ORDER/JUDGMENT IN WP(C) 18443/2020(E) OF HIGH COURT OF KERALA REVIEW PETITIONER/S: PRODAIR AIR PRODUCTS INDIA PRIVATE LIMITED OFFICE NO.602, PENTAGON 5, MAGARPATTA CITY, HADAPSAR, PUNE-411013, MAHARASHTRA, REPRESENTED BY ITS AUTHORIZED SIGNATORY SRI HEMEN KHOKHANI. BY ADVS. SRI.ASWIN GOPAKUMAR SRI.ANWIN GOPAKUMAR SRI.K.AMAL NATH NAIK SRI.KANDAMPULLY VIKRAM SRI.NIRANJAN SUDHIR SRI.RENOY VINCENT RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY(TAXES), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 THE STATE TAX PFFOCER(IB) KERALA STATE GST DEPARTMENT, MATTANCHERRY, MINI CIVIL STATION, ALUVA,ERNAKULAM-683101. OTHER PRESENT: GP SRI B HARISH KUMAR THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 11.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RP.No.1015 OF 2020 IN WP(C). 18443/2020 2

Dated this the 11th day of February 2021 An attempt is being made in the review petition to re- agitate the arguments which is not permissible. I do not find any err

The judgment continues below.

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