Ms. Poonam Jaiswal, Proprietress Of M/S. Sushil Steels vs. The Superintendent, Range-2, Shibpur Division And Ors.

MAT/661/2023HC CalcuttaGSTCNR WBCHCA018176202330 January 2024Bench: THE HON'BLE THE CHIEF JUSTICE T.S SIVAGNANAM,HON'BLE JUSTICE SUPRATIM BHATTACHARYA3 pages
AI SummaryDismissed

Facts

The appellant, Ms. Poonam Jaiswal, Proprietress of M/s. Sushil Steels, filed an intra-Court appeal against an order dated January 17, 2023, passed by a learned Single Bench in W.P.A. 350 of 2023, which had dismissed her writ petition. The writ petition was filed challenging an order passed by the Superintendent, Range – II, Shibpur Division & Ors. The appellant sought condonation of a 55-day delay in filing the intra-Court appeal. The respondents included the Superintendent, Range – II, Shibpur Division & Ors., the Union of India, and the CGST authority.

Held

The Court held that sufficient cause was shown for the delay in filing the intra-Court appeal, and accordingly, I.A. No. CAN 1 of 2023 was allowed, condoning the delay. Regarding the maintainability of the writ petition, the Court found no ground to differ from the learned Single Bench's view that since the order impugned in the writ petition was an appealable order, the writ petition was not the appropriate remedy. Consequently, the intra-Court appeal was dismissed, and the order of the learned Single Bench was affirmed. The Court granted liberty to the appellant to file a statutory appeal before the appellate authority, extending the time for filing such appeal by three weeks from the date of receipt of a server copy of the judgment.

Key Issues

1. Whether sufficient cause has been shown for the delay of 55 days in filing the intra-Court appeal, pursuant to I.A. No. CAN 1 of 2023. The appellant argued that sufficient cause was demonstrated in the affidavit supporting the delay condonation application. The respondents did not appear to contest this specific application. 2. Whether the writ petition was maintainable before the learned Single Bench, given that the order impugned therein was an appealable order. The appellant contended that the writ petition was maintainable. The respondents, particularly the CGST authority, argued that the writ petition ought not to have been entertained as an alternative statutory remedy of appeal was available and was not availed.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
Form No. J.(2) Item No.7 IN THE HIGH COURT OF JUDICATURE AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE HEARD ON: 30.01.2024 DELIVERED ON: 30.01.2024 CORAM: THE HON’BLE Mr. CHIEF JUSTICE T.S. SIVAGNANAM AND THE HON’BLE MR. JUSTICE SUPRATIM BHATTACHARYA M.A.T. 661 of 2023 With I.A. No. CAN 1 of 2023 + CAN 2 of 2023 Ms. Poonam Jaiswal, Proprietress of M/s. Sushil Steels Vs. The Superintendent, Range – II, Shibpur Division & Ors. Appearance:- Mr. Sukalpa Seal Mr. Bhaskar Sengupta ………for the appellant Ms. Hasi Saha ………for the respondent no.5/U.O.I. Mr. Vipul Kundalia Mr. Abhradip Maity …….for the respondent/CGST authority

JUDGMENT (Judgment of the Court was delivered by T.S. SIVAGNANAM, C.J.) In Re: I.A. No. CAN 1 of 2023

1.

We have heard Mr. Seal, learned advocate appearing for the appellant, Ms. Saha, learned advocate for the respondent no.5/Union of India and Mr. Kundalia, learned advocate appearing for the respondent/CGST authority.

2.

There is a delay of 55 days in filing the appeal. We have perused the affidavit filed in support of the petition and we find that sufficient cause

has been shown for not being able to prefer the appeal within the period of limitat

The judgment continues below.

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