BharatTaxGST

M/S Shree Shyam Techindia PVT. LTD., Bbsr vs. The Addl. Commnr. CGST And Central Excise And Customs, Bbsr

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WP(C)/33287/2022HC OrissaGSTCNR ODHC01084586202205 January 2023Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE MURAHARI SRI RAMAN2 pages
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Facts

The petitioner sought to withdraw a writ petition filed before the High Court. They intended to pursue a statutory remedy of further appeal.

Held

The High Court granted the petitioner's request to withdraw the writ petition. It allowed them to file a further appeal within a specified timeframe, with liberty to seek condonation of delay.

Key Issues

Whether the petitioner should be allowed to withdraw the writ petition to pursue a statutory appeal, and if the delay in filing the appeal should be condoned.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
Page 1 of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.33287 of 2022 M/s. Shree Shyam Techindia Pvt. Ltd., Bhubaneswar …. Petitioner Mr. J. Mohanty, Advocate -versus- The Additional Commissioner, CGST & Central Excise & Customs, Bhubaneswar and others …. Opposite Parties Mr. Tushar Kanti Satapathy, Senior Standing Counsel CORAM: THE CHIEF JUSTICE JUSTICE M.S. RAMAN

ORDER 05.01.2023 Order No.

02.

1. Learned counsel for the Petitioner seeks leave to withdraw the writ petition with liberty to pursue the statutory remedy of further appeal provided under the statute in question in accordance with law. If such an appeal is filed not later than 27th February, 2023 accompanied by an application for condonation of delay citing the pendency of the present petition as reason for the delay, it will be considered in accordance with law by the Second Appellate Authority. The Court clarifies that it has not expressed any view in the matter.

2.

The writ petition is disposed of as withdrawn with the liberty as prayed for and in the above terms. The original annexures be returned

to the Petitioner subject to it being substituted by attested photocopies thereof.

(Dr. S. Muralidhar) Chief Justice

(M.S. Raman) Judge M. Panda

Reproduced from the public record of the Orissa High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.