Kriti Creation vs. Union Of INDIA
Facts
This matter concerns a writ miscellaneous application filed before the High Court of Judicature for Rajasthan, Bench at Jaipur. The application sought to amend a previous order dated 25.11.2021 passed by the Court in D.B. Civil Writ Petition No. 9116/2020. The petitioner, Kriti Creation, through its Sole Proprietor Smt. Praveena Sethi, had filed the original writ petition. The application specifically requested that the name of Mr. Ashok Kumar Gupta, learned counsel for the writ petitioner, be included in the order dated 25.11.2021. The respondents are the Union of India, the GST Council, and the State of Rajasthan.
Held
The Court allowed the writ miscellaneous application. The Court directed that the order dated 25.11.2021, previously passed in D.B. Civil Writ Petition No. 9116/2020, should be treated as if it also included the name of Mr. Ashok Kumar Gupta as learned counsel for the writ petitioner. The Court further stated that this amended order should be considered an integral part of the original order dated 25.11.2021. The reasoning behind this decision is to ensure accurate representation of the legal counsel involved in the proceedings and to rectify a procedural omission. The Court's decision is based on the stated reasons within the writ miscellaneous application itself, which were found sufficient for allowing the amendment.
Key Issues
1. Whether the writ miscellaneous application filed by the petitioner should be allowed to amend the previous order of this Court dated 25.11.2021 to include the name of the petitioner's counsel, Mr. Ashok Kumar Gupta. Petitioner's Argument: The petitioner, through its counsel Mr. Ashok Kumar Gupta, argued that the inclusion of his name in the order dated 25.11.2021 was an oversight and that his name should be formally recorded as counsel for the writ petitioner. The application was filed to rectify this omission. Revenue/State's Argument: The judgment does not record any specific arguments made by the respondents (Union of India, GST Council, State of Rajasthan) on the writ miscellaneous application. Therefore, it is presumed they did not contest the application.
AI-generated summary — verify with the full judgment below
[2023:RJ-JP:15118] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Writ Miscellaneous Application No. 37/2022 IN D.B. Civil Writ Petition No.9116/2020 Kriti Creation, Through Its Sole Proprietor Smt. Praveena Sethi Having Its Address At B-49, Subhash Nagar, Jaipur 302016 ----Petitioner Versus
Union Of India, Ministry Of Finance (Department Of Revenue), North Block, New Delhi Through Joint Secretary (Revenue)
Gst Council, Ministry Of Finance , North Block, New Delhi Through Its Chairperson.
State Of Rajasthan, Ministry Of Finance , Secretariat Through Finance Secretary, Jaipur. ----Respondents For Petitioner(s) : Mr. Ashok Kumar Gupta, Adv. For Respondent(s) : HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL HON'BLE MR. JUSTICE UMA SHANKER VYAS Order 25/07/2023
For the reasons stated in the writ miscellaneous application, the same is allowed. In the order dated 25.11.2021 passed by this Court, name of Mr. Ashok Kumar Gupta be also mentioned as learned counsel for the writ petitioner. This order may be treated as part and parcel of the order dated 25.11.2021. (UMA SHANKER VYAS),J (MAHENDAR KUMAR GOYAL),J DANISH USMANI /02
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