Nitin Jain vs. Commissioner, CGST Commissionerate, Panchkula, Haryana And Others

Facts

The petitioner, Nitin Jain, filed a writ petition before the Punjab and Haryana High Court challenging an ex-parte order passed by the Commissioner, CGST Commissionerate, Panchkula, Haryana. The petitioner's counsel sought to withdraw the petition. The Court noted that the petitioner's counsel was prevented from appearing before the Court for valid reasons. Consequently, the Court allowed the withdrawal of the petition with liberty to the petitioner to move an appropriate application for setting aside the ex-parte order. The Court directed that such an application, if filed, would be considered by the appropriate authority.

Held

The Court allowed the petitioner to withdraw the writ petition. The Court granted liberty to the petitioner to move an appropriate application before the concerned authority for setting aside the ex-parte order that was passed. The Court directed that the appropriate authority shall consider the application moved by the petitioner. The writ petition was dismissed as withdrawn with the aforesaid liberty granted to the petitioner.

Key Issues

1. Whether the petitioner should be granted liberty to withdraw the writ petition with the right to move an appropriate application for setting aside the ex-parte order passed by the respondent authority? The petitioner argued that they were prevented from appearing before the Court for valid reasons and therefore sought withdrawal of the petition with liberty to pursue alternative remedies. The respondents did not record any specific arguments in the judgment.