Vardhman Automoitive vs. Chhattisgarh GST
Facts
The petitioner, Vardhman Automotive, filed a writ petition before the High Court of Chhattisgarh at Bilaspur. The respondents were the Chhattisgarh GST, through the Commissioner, and the Assistant Commissioner, State Tax (SGST). The petitioner sought certain relief, and during the pendency of the writ petition, the relief prayed for was granted. Consequently, the petitioner sought permission to withdraw the writ petition with liberty to approach the court again if a further cause of action arose. The court heard the submissions of both parties.
Held
The Court allowed the petitioner's prayer to withdraw the writ petition. The reasoning was that the relief sought by the petitioner had been granted. The operative direction was to dismiss the petition as withdrawn, with the liberty granted to the petitioner to approach the court again if a further cause of action arises. No issues were expressly left undecided, as the petition was withdrawn based on the petitioner's request.
Key Issues
1. Whether the petitioner is entitled to withdraw the writ petition as the relief sought has been granted? Petitioner's Argument: The petitioner argued that since the relief they had prayed for in the writ petition had already been granted, they should be permitted to withdraw the petition. They further requested liberty to approach the court again if any future cause of action arises. Revenue/State's Argument: The judgment does not record any specific argument from the revenue or state respondents regarding the withdrawal of the petition. However, the court heard their counsel.
AI-generated summary — verify with the full judgment below
HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet WPT No. 126 of 2019 • Vardhman Automoitive Nh-6 And Ge Road Near Shivnath Hyunai, Transport Nagar, Telibandha, Raipur, Chhattisgarh, Through Partern Basant Vaid, S/o Premraj Vaid, Aged About 51 Years, R/o C-48/49, Near HDFC Bank, Shailendra Nagar, Raipur, District- Raipur, Chhattisgarh. ---- Petitioner Versus
Chhattisgarh GST, Through Commissioner, Central Excise Building, Tikra Para, Dhamtari Raod , Raipur, Chhattisgarh.
Assistant Commissioner, Office Of Commissioner, State Tax [SGST], Division II, Durg, Chhattisgarh. ---- Respondents 04/10/2019 Jyoti Shri Bhishma Ahluwalia, Counsel for the Petitioner. Shri Alok Bakshi, Addl A.G. for the State. Shri Maneesh Sharma, Counsel for Respondent No.
Heard. Learned counsel for the petitioner submits that at present the relief as has been prayed for has been granted to the petitioner and he seeks permission of this Court to withdraw the instant writ petition with the liberty to approach the Court if further cause of action arise. Prayer is allowed. Accordingly, the petition is dismissed as withdrawn with aforesaid liberty. ( Goutam Bhaduri ) Judge
The judgment continues below.
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