Abhishek Gumber vs. Commissioner Of GST, New Delhi

W.P.(C)/9516/2022HC DelhiGSTCNR DLHC01023582202205 August 2022Bench: HON'BLE MR. JUSTICE RAJIV SHAKDHER,HON'BLE MS. JUSTICE TARA VITASTA GANJU1 pages
For Petitioner: Mr Chinmaya Seth, AdvFor Respondent: Mr Anuj Aggarwal, ASC with Ms AyushiBansal and Mr Sanyam Suri, Advs
AI SummaryRemanded

Held

The Court noted that a previous writ petition (W.P.(C) No. 9629/2022) filed by the same petitioner against the same respondent, raising the same issues, had been disposed of by the Bench on July 6, 2022. Both parties agreed that the instant petition should be disposed of in the same manner as the previous one. Consequently, the Court ordered that the pending application be closed and disposed of the writ petition in terms of the order dated July 6, 2022, passed in W.P.(C) No. 9629/2022. No specific findings on the merits of the GST issues were recorded as the matter was disposed of by consent based on the prior order.

Facts

The petitioner, Abhishek Gumber, filed a writ petition (W.P.(C) 9516/2022) before the Delhi High Court. The respondent was the Commissioner of GST, New Delhi. The petitioner's counsel informed the Court that a similar writ petition, W.P.(C) No. 9629/2022, involving the same parties and raising identical issues, had already been disposed of by the same Bench on July 6, 2022. Counsel for both parties agreed that the instant petition could be disposed of in terms of the previous order.

Key Issues

1. Whether the present writ petition should be disposed of in terms of the order passed in a previously filed writ petition concerning the same parties and issues. Petitioner's Argument: The petitioner, through his counsel, stated that a prior writ petition (W.P.(C) No. 9629/2022) with the same parties and issues had been disposed of by the Court. Therefore, the petitioner sought a similar disposal for the current petition. Respondent's Argument: The respondent, through their counsel, agreed to the disposal of the instant petition in terms of the order passed in the earlier writ petition.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + W.P.(C) 9516/2022 & CM Appl.28400/2022 ABHISHEK GUMBER ..... Petitioner Through: Mr Chinmaya Seth, Adv. versus COMMISSIONER OF GST, NEW DELHI ..... Respondent Through: Mr Anuj Aggarwal, ASC with Ms AyushiBansal and Mr Sanyam Suri, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER HON'BLE MS. JUSTICE TARA VITASTA GANJU

O R D E R %

05.08.

2022

[Physical Court hearing/ Hybrid hearing (as per request)]

1.

We are informed by Mr Chinmaya Seth, who appears on behalf of the petitioner, that a writ petition, concerning the same parties and raisingthe same issues i.e., W.P.(C) No. 9629/2022 was disposed of by this Bench, on 06.07.2022. 2. Given the above circumstances, counsel for the parties say they will be satisfied if the instant petition is disposed of, in terms of the order dated 06.07.2022, passed in W.P.(C) No. 9629/2022. 3. Consequently, pending application shall stand closed.

RAJIV SHAKDHER, J

TARA VITASTA GANJU, J

AUGUST 5, 2022 /pmc

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