Spml Infra Limited vs. State Of Rajasthan
Held
The Court allowed the restoration application. The primary reason for allowing the application was the statement made by the learned counsel for the applicant, SPML Infra Limited, confirming the applicant's continued willingness to press the original writ petition on its merits. Consequently, the Court granted liberty to revive the writ petition (D.B. Civil Writ Petition No. 14468/2020) to its original number for consideration on merits. The Court also directed that a copy of the original writ petition with annexures be supplied to the learned counsel for the respondents within one week. The ratio decidendi is that a party's expressed willingness to pursue a case on its merits is a sufficient ground for restoring a previously filed petition, provided no prejudice is caused to the other side and procedural directions are followed.
Facts
This matter concerns a restoration application filed by SPML Infra Limited, the applicant, seeking to revive a previously filed writ petition (D.B. Civil Writ Petition No. 14468/2020). The original writ petition was filed against the State of Rajasthan, Union of India, the Goods and Service Tax Council, and certain departments of the Government of Rajasthan. The applicant expressed willingness to press the original petition on its merits. The Court considered the statement made by the applicant's counsel and granted liberty to revive the writ petition. The respondents are to be supplied with a copy of the original writ petition and its annexures within one week. The restoration application has been allowed.
Key Issues
1. Whether the writ petition (D.B. Civil Writ Petition No. 14468/2020) should be restored to its original number for consideration on merits, in light of the applicant's willingness to proceed with the case. Petitioner's Argument: The applicant, SPML Infra Limited, is willing to pursue the original writ petition on its merits and therefore seeks its revival. The applicant has presented a statement to this effect before the Court. Revenue/State's Argument: The judgment does not record any specific arguments from the respondents regarding the restoration application itself. Their participation is in response to the application filed by the petitioner.
AI-generated summary — verify with the full judgment below
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Restoration Application No. 257/2024 In D.B. Civil Writ Petition No. 14468/2020 SPML Infra Limited, House No. 129, Shankar Colony, Vidhyadhar Nagar, Nayakheda, Jaipur, Rajasthan Through Authorized Signatory Mr. Gajinder Singh Bhandari S/o Sh. Jasbir Singh Bhandari R/o F-7, Module 11, Mangalam Homz, Abhay Khand- 3rd Indirapuram, Ghaziabad Presently Authorized Signatory, Mr. Shalin Jain S/o Subhash Jain Aged About 40 Years, Having Residence At 1st Floor, Laxman Colony, New Sanganer Road, Jaipur- 302019. ----Applicant Versus
State Of Rajasthan, Through Principal Commissioner, The Central Goods And Service Tax, NCRB Statue Circle, Jaipur.
Union Of India, Through The Chairman Central Board Of Indirect Taxes And Customs, Department Of Revenue, Ministry Of Finance, Government Of India, North Block, New Delhi-110001
Good And Service Tax Council, Through Its Secretary Tower II- 5th Floor, Jeevan Bharti Building, Janpath Road, Connaught Place, New Delhi-110001
Office Of The Additional Chief Engineer, Public Health Engineering Department Region Office Bisalpur And Special Project, Jaipur (Rajasthan).
Princi
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