M/S Shree Sharma Steel Rolling Mills PVT. LTD. vs. Union Of INDIA
Held
The Court allowed the miscellaneous application (D. B. Misc. Application No. 402/2019) for the reasons stated therein. Consequently, the order dated December 12, 2019, was recalled and replaced with a new order. The new order permitted the petitioners to withdraw the writ petition (D. B. Civil Writ Petition No. 9845/2019) as they had opted and applied under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019. The principle derived is that a party can withdraw a pending writ petition if they have availed a subsequent statutory scheme for dispute resolution, provided the Court permits such withdrawal.
Facts
The petitioners, M/s Shree Sharma Steel Rolling Mills Pvt. Ltd. and its Director Ghasi Lal Sharma, filed a Civil Writ Petition No. 9845/2019 before the Rajasthan High Court. The respondents were the Union of India and the Principal Commissioner, CGST and Central Excise Commissionerate, Jaipur. The petitioners sought to withdraw their writ petition. This application, D. B. Misc. Application No. 402/2019, was filed to allow the withdrawal. The reason for withdrawal was that the petitioners had opted and applied under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019. The Court heard the application on December 17, 2019.
Key Issues
1. Whether the petitioners should be permitted to withdraw the writ petition, considering their application under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019? Petitioner's Argument: The petitioners, through their counsel, submitted that they had opted and applied under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019, and on instructions, sought permission to withdraw the writ petition. No specific legal provisions or precedents were cited in the judgment for this argument. Revenue/State's Argument: The judgment does not record any specific arguments made by the respondents (Union of India and Principal Commissioner, CGST) on this application. However, the application was allowed by the Court.
Sections Cited
Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019
AI-generated summary — verify with the full judgment below
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D. B. Misc. Application No. 402/2019 In D. B. Civil Writ Petition No. 9845/2019
M/s Shree Sharma Steel Rolling Mills Pvt. Ltd., 90 ABC Industrial Area, Jhotwara, Jaipur through its Director and Authorized Signatory Shri Ghasi Lal Sharma,
Ghasi Lal Sharma, Director M/s Shree Sharma Steel Rolling Mills Pvt. Ltd. 90 ABC Industrial Area, Jhotwara, Jaipur. ----Appellant Versus
Union of India, Through Revenue Secretary, North Block, New Delhi.
Principal Commissioner, CGST and Central Excise Commissionerate, NCRB, Statue Circle, C-Scheme, Jaipur (Raj.) ----Respondents For Applicants : Mr. Arjun Singh on behalf of Mr. Sameer Jain. For Respondent(s) : Mr. Siddharth Ranka. HON'BLE MRS. JUSTICE SABINA HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 17/12/2019 Heard. Application is allowed for the reasons stated therein.
(2 of 2) [WMAP-402/2019] Order dated 12.12.2019 is recalled and be read as under: “Learned counsel for the petitioners has submitted that on instructions, he may be permitted to withdraw the petition as the petitioners have opted and applied under the scheme namely, Sabka Vishwas (Legacy
The judgment continues below.
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