Arun Kumar Murarka vs. Rajesh Sultania & Anr.

CS(COMM)/394/2021HC DelhiGSTCNR DLHC01026098202107 October 2024Bench: HON'BLE MS. JUSTICE MINI PUSHKARNA1 pages
AI SummaryWithdrawn

Facts

The plaintiff, Arun Kumar Murarka, filed a commercial suit (CS(COMM) 394/2021) before the Delhi High Court. The suit also had pending applications (I.A. 10769/2021 & I.A. 19329/2022). The plaintiff's counsel appeared and stated that they had instructions to withdraw the suit. The reason for withdrawal was explicitly stated to be due to pending Goods and Services Tax (GST) issues. The defendants were Rajesh Sultania & Anr.

Held

The Court held that the plaintiff's submission to withdraw the suit due to pending GST issues was sufficient grounds for dismissal. The Court accepted the plaintiff's request for withdrawal. Consequently, the Court ordered the dismissal of the present suit as withdrawn. The pending applications associated with the suit were also dismissed as withdrawn. No specific GST provisions were discussed or interpreted by the Court in this order, as the matter was disposed of on the procedural aspect of withdrawal.

Key Issues

The primary issue before the Court was whether to allow the plaintiff's request to withdraw the suit. The plaintiff's side argued that the suit should be withdrawn because of pending GST issues. The Court had to decide if this reason was sufficient to permit withdrawal. The judgment does not record any specific arguments from the defendants' side regarding the withdrawal of the suit.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 394/2021, I.A. 10769/2021 & I.A. 19329/2022 ARUN KUMAR MURARKA .....Plaintiff Through: Ms. Suman Yadav, Adv. along with Mr. Tushar Jarwal, Mr. Abhishek Chauhan, Mr. Vikrant Maheshwari, Ms. Atishree sood and Mr. Nirvikar Singh, Advs. M: 9711295057 versus RAJESH SULTANIA & ANR. .....Defendants Through: Mr. Tarun Biswas, Adv. M: 8588969388 Email: advocatetarunbiswas@gmail.com CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA % 07.10.2024

O R D E R

1.

Ms. Suman Yadav, learned counsel appearing for the plaintiff has put in appearance and submits that she has instructions to withdraw the present suit, in view of the GST issues which are pending.

2.

Accordingly, the present suit is dismissed as withdrawn, along with the pending applications.

MINI PUSHKARNA, J OCTOBER 7, 2024/kr This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 15:32:31

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