M/S Shri Ram Enterprises Through Its Proprietor Mr. Vikas Garg vs. Commissioner Of Central Goods And Services Tax And Another

W.P.(C)/3825/2022HC DelhiGSTCNR DLHC01190397202210 May 2022Bench: HON'BLE MR. JUSTICE RAJIV SHAKDHER,HON'BLE MS. JUSTICE POONAM A. BAMBA1 pages
For Petitioner: Mr Rahul Gupta, AdvFor Respondent: Ms Suhani Mathur, Adv
AI SummaryDismissed

Facts

The petitioner, M/s Shri Ram Enterprises, through its proprietor Mr. Vikas Garg, filed a writ petition before the Delhi High Court. The respondents were the Commissioner of Central Goods and Services Tax and another authority. The specific tax period and the order or action under challenge, as well as the amount in dispute, are not recorded in the judgment. The procedural history leading to the filing of the writ petition is also not detailed. The matter came up for hearing before a Division Bench of the High Court.

Held

The Court accepted the petitioner's request to withdraw the writ petition. The Court noted that the petitioner's counsel had instructions to withdraw the petition because the petitioner's grievance had been addressed. Consequently, the Court ordered the dismissal of the writ petition as withdrawn. No specific findings were made on the merits of the case, as the matter was resolved by the petitioner's decision to withdraw. The ratio decidendi is that a writ petition can be dismissed as withdrawn if the petitioner's grievance is addressed and they no longer wish to pursue the matter. The operative direction was the dismissal of the writ petition as withdrawn.

Key Issues

The primary issue before the Court was whether the writ petition should be entertained. The petitioner's counsel, Mr. Rahul Gupta, informed the Court that he had instructions to withdraw the writ petition. The reason for withdrawal was stated to be that the petitioner's grievance had been addressed. The Court was therefore required to decide on the appropriate course of action given the petitioner's request for withdrawal. No specific legal provisions were debated or relied upon by either side as the petition was withdrawn before substantive arguments could be made.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3825/2022 M/S SHRI RAM ENTERPRISES THROUGH ITS PROPRIETOR MR. VIKAS GARG ......Petitioner Through: Mr Rahul Gupta, Adv. versus COMMISSIONER OF CENTRAL GOODS AND SERVICES TAX AND ANOTHER ......Respondents Through: Ms Suhani Mathur, Adv. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER HON'BLE MS. JUSTICE POONAM A. BAMBA

O R D E R %

10.05.

2022

[Physical Court Hearing/Hybrid Hearing (as per request]

1.

Mr Rahul Gupta, who appears on behalf of the petitioner, says that he has instructions to withdraw the writ petition, as the petitioner’s grievance stands addressed.

2.

The writ petition is, accordingly, dismissed as withdrawn.

3.

The case papers shall stand consigned to record.

RAJIV SHAKDHER, J

POONAM A. BAMBA, J

MAY 10, 2022

aj

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