Panacea Unique Star Developers Thr. Its Authorised Signatory vs. Additional/Joint Commissioner CGST Adn Central Excise Pune I Commissionerate And Ors
Facts
The Petitioner, Panacea Unique Star Developers, filed a writ petition before the Bombay High Court challenging an order or action by the Additional/Joint Commissioner CGST, Pune I Commissionerate. The specific tax period(s) and the amount in dispute are not recorded in the judgment. The procedural history leading to the writ petition is also not detailed. The matter was listed for hearing before the High Court.
Held
The Court allowed the Petitioner's request to withdraw the writ petition. The reasoning was based on the Petitioner's instruction to seek leave to withdraw, indicating a strategic decision by the Petitioner to pursue an alternative remedy. The Court granted liberty to the Petitioner to file an appeal. The Court further directed that if the appeal is filed on or before September 13, 2024, any delay would be deemed condoned. All rights and contentions of both parties were expressly kept open, meaning the merits of the case were not examined.
Key Issues
The Court had to decide whether to entertain the writ petition. The Petitioner, through its counsel, sought leave to withdraw the petition. The Respondents, represented by their counsel, did not appear to argue against the withdrawal. No specific legal questions or contentions were argued or decided by the Court as the petition was withdrawn at the outset of the hearing.
AI-generated summary — verify with the full judgment below
1/1 7-wp-1352-24.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURI ICTION WRIT PETITION NO.1352 OF 2024 Panacea Unique Star Developers Thr. Its Authorised Signatory ...Petitioner Versus Additional/joint Commissioner CGST ADN Central Excise Pune I Commissionerate & Ors ...Respondents ---- Mr. Sham Walve a/w Mr. Sanket Bora and Ms Vidhi Punmiya i/b SPCM Legal for Petitioner. Mr. Jitendra Mishra a/w Mr. Ram Ochani and Mr. Rupesh Dubey for Respondent Nos.1 to 3. ---- CORAM : K. R. SHRIRAM & JITENDRA JAIN, JJ.
DATED : 22nd AUGUST 2024 P.C. : 1 After the petition was heard for sometime, Mr. Walve on instructions sought leave to withdraw the petition with liberty to file an appeal. 2 Petition dismissed as withdrawn with liberty as prayed for. 3 If, the appeal is filed on or before 13th September 2024, the delay if any, shall be deemed to have been condoned. 4 All rights and contentions of the parties are kept open. (JITENDRA JAIN, J.) (K. R. SHRIRAM, J.) Meera Jadhav MEERA MAHESH JADHAV MEERA MAHESH JADHAV Date: 2024.08.23 11:23
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