Union Of INDIA vs. Ms Naba Metal P Limited Through One Of Its Director Pursuttam Poddar

Facts

The Union of India, through the Commissioner CGST and Central Excise, filed a Civil Miscellaneous Petition (CMP No. 436 of 2021) before the Jharkhand High Court. The petition sought modification of an earlier order dated February 13, 2017, passed by the same High Court in W.P.(T) No. 7348 of 2016. The opposing party was M/s Naba Metal (P) Limited. The petitioners' counsel, on instructions, sought leave to withdraw the CMP.

Held

The Court considered the submission made by the learned counsel for the petitioners (Union of India) who, on instructions, sought leave to withdraw the Civil Miscellaneous Petition. In light of this request, the Court dismissed the Civil Miscellaneous Petition as withdrawn. Consequently, the petition was disposed of. The specific reasons for the original order dated 13.02.2017 in W.P.(T) No. 7348 of 2016, or the merits of the modification sought, were not discussed or decided in this order. No issues were expressly left undecided.

Key Issues

1. Whether the Civil Miscellaneous Petition filed by the Union of India for modification of the order dated 13.02.2017 in W.P.(T) No. 7348 of 2016 is maintainable and should be allowed? Petitioner's Argument: The petitioner, Union of India, through its counsel, sought leave to withdraw the Civil Miscellaneous Petition. No specific arguments were recorded in the judgment regarding the merits of the modification sought. Opposite Party's Argument: No arguments were recorded for the opposite party, M/s Naba Metal (P) Limited.