Merlin Ganges Projects vs. Union Of INDIA And Ors.
Facts
The petitioners, Merlin Ganges Projects & Anr., filed a writ petition (WPA 9664 of 2020) before the High Court. The writ petition was dismissed on February 1, 2023, due to the non-appearance of the learned advocate for the petitioners. The petitioners subsequently filed an application (CAN/1/2023) for the restoration/recalling of the dismissal order, providing an explanation for their absence. The revenue or State was represented by the CGST Authority.
Held
The Court found the explanation provided by the petitioners in their application (CAN/1/2023) for the non-appearance of their learned advocate to be satisfactory. Consequently, the Court recalled its earlier order dated February 1, 2023, which had dismissed the writ petition. The writ petition (WPA 9664 of 2020) was restored to its original file and number. The Court directed that the main writ petition be listed for hearing in the monthly list of June 2023, with all affidavits to be completed in the meantime. The application CAN/1/2023 was disposed of.
Key Issues
1. Whether the explanation provided by the petitioners for their non-appearance on the previous hearing date is satisfactory, thereby warranting the recall of the dismissal order and restoration of the writ petition. Petitioner's Argument: The petitioners argued that their learned advocate's absence was due to circumstances that prevented their appearance, and they sought the restoration of the writ petition based on the provided explanation. Revenue/State's Argument: The judgment does not record any specific argument from the CGST Authority regarding the restoration application.
AI-generated summary — verify with the full judgment below
2023 ks WPA 9664 of 2020 sl. 2 With CAN/1/2023 Merlin Ganges Projects & Anr.
Vs Union of India & Ors.
Mr. Suman Bhowmik, Mr. S. Kajaria … For the Petitioners.
Mr. Udasy Shankar Bhattacharya, Mr. Tapan Bhanja … For the CGST Authority.
Heard learned Advocates appearing for the parties.
This is an application for restoration/recalling of the order dated 1st February, 2023, dismissing the writ petition.
Considering the explanation given in this application being CAN/1/2023 for non-appearance of the learned Advocate for the petitioner at the time of hearing, I find the same satisfactory and accordingly the order dated 1st February, 2023, is recalled and the writ petition is restored to its original file and number.
Let the main writ petition be listed in the monthly list of June, 2023 under the heading “For Hearing”.
All affidavits in the writ petition are to be completed in the meantime.
The judgment continues below.
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