Maharashtra Hybrid Seeds Co. PVT. LTD. Ramniwas Jai Prakash Sharma vs. Commissioner Of CGST And Cx Aurangabad
Facts
The petitioner, Maharashtra Hybrid Seeds Co. Pvt. Ltd., filed a writ petition before the High Court of Judicature at Bombay, Bench at Aurangabad. The respondents were the Commissioner of CGST and CX, Aurangabad. The petitioner sought to withdraw the writ petition and requested liberty to avail the statutory remedy of appeal. Additionally, the petitioner requested a direction to the Tribunal to decide the appeal within a stipulated time. The Court considered the request for withdrawal and the liberty to appeal.
Held
The Court allowed the petitioner's request to withdraw the writ petition. The petitioner was granted liberty to avail the statutory remedy of appeal. Regarding the second issue, the Court directed that the Tribunal shall decide the appeal as expeditiously as possible. The Court did not specify a strict time limit but emphasized prompt disposal. The specific grounds for withdrawal or the nature of the dispute were not elaborated upon in the judgment.
Key Issues
1. Whether the petitioner should be granted leave to withdraw the writ petition with liberty to avail the statutory remedy of appeal? Petitioner's Argument: The petitioner sought to withdraw the writ petition to pursue the statutory appeal. Revenue's Argument: No specific argument is recorded for the revenue on this point. 2. Whether the Tribunal should be directed to decide the appeal within a stipulated time? Petitioner's Argument: The petitioner requested a direction for the Tribunal to decide the appeal expeditiously. Revenue's Argument: No specific argument is recorded for the revenue on this point.
AI-generated summary — verify with the full judgment below
{1} 31 sr.no..odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.869 OF 2023 MAHARASHTRA HYBRID SEEDS CO. PVT. LTD. RAMNIWAS JAI PRAKASH SHARMA VERSUS COMMISSIONER OF CGST AND CX AURANGABAD ... Advocate for Petitioner : Mr. Nitin Keshavrao Chaudhari Adv. for Respondents: Mr. Dwarkadas Ladda.
CORAM : MANGESH S. PATIL
& S.G. CHAPALGAONKAR, JJ.
DATE : 23 JANUARY 2023
P.C.:- The learned advocate for the petitioners, on instructions, seeks leave to withdraw the writ petition, with liberty to avail of the statutory remedy of appeal. However, learned advocate further seeks a direction to the Tribunal to decide the appeal within stipulated time.
Writ petition is dismissed as withdrawn with liberty as prayed for. The tribunal shall decide the appeal as expeditiously as possible. [S.G. CHAPALGAONKAR] [MANGESH S. PATIL] JUDGE
JUDGE
grt/-
The judgment continues below.
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