Ms Shiv Vanijya Represented Through Its Proprietor Sri Ashok Kumar Agarwal vs. Union Of INDIA Through Its Secretary Deptt Of Revenue Ministry Of Finance

Held

The Court noted the submission made by the learned counsel for the petitioner, Ms. Siddhi Jalan, on instruction, that the contempt petition had become infructuous. Based on this submission, the Court found no necessity to proceed further with the contempt proceedings. Consequently, the Court decided to dispose of the contempt petition as infructuous. No specific findings were made regarding the alleged wilful disobedience of the previous order, as the petition was withdrawn from consideration on the ground of becoming infructuous. The operative direction was to dispose of the case.

Facts

The petitioner, M/s Shiv Vanijya, through its Proprietor Sri Ashok Kumar Agarwal, filed a Contempt Case (Civil) No. 946 of 2019 before the Jharkhand High Court. The case alleged wilful disobedience of a previous order dated 30.04.2019 passed in W.P (T) No. 4540/2018. The opposite parties included the Union of India, the GST Council, the Assistant Commissioner (Legal) of CGST & Central Excise, Ranchi, and the State of Jharkhand. The contempt petition was filed due to the alleged non-compliance with the earlier court order.

Key Issues

1. Whether the present contempt petition is maintainable in light of the petitioner's submission that it has become infructuous? The petitioner's counsel, on instruction, submitted that the contempt petition has become infructuous. The opposite parties did not present any arguments as the matter was disposed of based on the petitioner's submission.