Rakesh vs. Ms Rimjhim Prasad The Chief Commissioner Central Excise Office Delhi

Held

The Court took note of the submission made by the counsel for the Chief Commissioner, Central Excise, CGST, Delhi Zone, that the Principal Chief Commissioner, Central Excise, CGST, had been wrongly made a party. However, since the present petition was being withdrawn by the petitioner, this submission was noted without being subjected to any formal order. The Court, considering the submissions made by the parties, specifically the petitioner's request for withdrawal, decided to dismiss the petition as withdrawn. No specific findings were made on the merits of the contempt allegations or the correctness of the party impleadment, as the case was disposed of on the procedural ground of withdrawal.

Facts

The petitioner, Rakesh, filed a Contempt of Courts Petition (Civil) before the Delhi High Court. The respondent arrayed was MS RIMJHIM PRASAD THE CHIEF COMMISSIONER CENTRAL EXCISE OFFICE DELHI. During the proceedings, the petitioner's counsel informed the Court that they had instructions to withdraw the matter. The counsel for the Chief Commissioner, Central Excise, CGST, Delhi Zone, submitted a letter indicating that the Principal Chief Commissioner, Central Excise, CGST, had been wrongly made a party to the case. This submission was noted by the Court.

Key Issues

1. Whether the present Contempt of Courts Petition (Civil) should be dismissed as withdrawn, as submitted by the petitioner's counsel? The petitioner argued for withdrawal of the petition. The respondent, represented by the Chief Commissioner, Central Excise, CGST, Delhi Zone, contended that the Principal Chief Commissioner, Central Excise, CGST, had been wrongly impleaded as a party. The Court was not asked to decide on the merits of the contempt allegations or the correctness of the impleadment, but rather on the disposition of the petition based on the parties' submissions.