M/S. Virchow Petrochemical PVT. LTD. vs. Union Of INDIA

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WP/3983/2024HC TelanganaGSTCNR HBHC01007790202426 February 2024Bench: P.SAM KOSHY,N.TUKARAMJI3 pages
For Petitioner: SRl. S. VIVEK CHANDRA SEKHARFor Respondent: SRI GADI PRAVEEN KUMAR, Dy. SOLICIToR GEN. OF INDIA

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Cause title — parties, addresses and appearances
I I I [ 337e ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) IV1ONDAY ,THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION NO: 3983 Of 2024 Between: M/s. Virchow Petrochemical Pvt. Ltd., Plot No.4 - 10, S.V. Co-op. lndl. Estate, l.D.A., Jeedimetla, Hyderabad - 500 055. Rep. by its Whole Time Director, Mrs. tvl. Sudha. ..PETITIONER AND 1 2 Union of lndia, Rep. by The Secretary, Ministry of Finance, Department of Revenue. North Block, New Delhi - 1 10001 . The Joint Commissioner of Central Tax, Medchal CGST Commissionerate, 1 1-4-64918, Lak-di-ka-pool, Hyderabad - 500004. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the Order- in- Original No. 85/2023-(GST)dated 26.12.2023 passed by the 2nd Respondent basing on Sub- Rule (10) of Rule 96 of the CGST Rules as void, illegal, arbitrary, without jurisdiction, and contrary to the provisions of the IGST Acl 2017, arid quash the same lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant an interim stay on the operation of the order-in-original No. 85/2023-(GST) dated 26.12.2023 passed by the 2nd Respondent, pending disposal of this writ Petitio n Counsel for the Petitioner: SRl. S. VIVEK CHANDRA SEKHAR Counsel for the Respondents: SRI GADI PRAVEEN KUMAR Dy. SOLICIToR GEN. OF INDIA

The Court made the following: ORDER

To, THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.3983 OI.2024 ORDER: /pcr Ho n'ble Si Justice p.SA.M KOSIty) Learned counsel for the petitioner seeks permission of this Court to withdraq, the instant writ petition with a liberty to avail appropriate legal remedies available to him. Particularly, in the writ petition which has been filed bv the petitioner in W.P.No.3O805 ol 2O23. 2. Permission is accorded.

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Accordingly, this Writ petition stands dismissed as withdrawn with a liberty as prayed for_ Consequently, miscellaneous petitions pending, if any, shall stand closed. No order as to costs. P. PADMANABHA REDDY ASSISTANT REGISTRAR //// SECTI OFFICER

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One CC to SRl. S. VIVEK CHANDRA SEKHAR , Advocate [OPUC]

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One CC to SRl. GADI PRAVEEN KUIVAR ,Dy SOLICITOR GEN. OF INDIA loPUCl

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Two CD Copies BIV GJP s

l HIGH COURT DATED:2610212024 ORDER WP.No.3983 of 2024 \6 3 0 frAn nU 'r= /.) l:.) | .-t o D * ($ r) €sr,4'rcHEo DISMISSING THE WRIT PETITION AS WITHDRAWN WITHOUT COSTS alao ! iE s

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