M/S Sri Krishna Jewellers (P) LTD. vs. Union Of INDIA
Facts
The petitioner, M/s Sri Krishna Jewellers (P) Ltd., filed a writ petition seeking a mandamus directing the respondents to release a bank guarantee of Rs. 35,00,000 furnished on October 23, 2019, and refund GST deposits. The bank guarantee was furnished by the petitioner and had been extended. The respondents include the Union of India, Minerals and Metals Trading Corporation Limited (MMTC Ltd) and its Hyderabad Regional office. The petitioner also filed an interim application seeking to restrain Respondent No. 3 from invoking the bank guarantee pending the disposal of the writ petition. The matter came before the High Court for the State of Telangana at Hyderabad.
Held
The Court granted the petitioner's request to withdraw the writ petition with liberty to file a fresh writ petition. Consequently, the writ petition was dismissed as withdrawn. The Court also stated that there would be no order as to costs in the circumstances of the case. Any pending miscellaneous petitions in relation to the writ petition were also closed. The specific grounds for withdrawal or the merits of the petitioner's claim for release of the bank guarantee and refund of deposits were not adjudicated upon by the Court as the petition was withdrawn.
Key Issues
1. Whether the petitioner is entitled to the release of the bank guarantee and refund of GST deposits? (Question of law) The petitioner argued for the release of the bank guarantee and refund of deposits. The respondents' arguments are not recorded in the judgment. The petitioner sought permission to withdraw the writ petition with liberty to file a fresh one.
AI-generated summary — verify with the full judgment below
[ 3168 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Juri iction) THUR AY ,THE TWENTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY TWO PRESENT THE HON'BLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO: 38601 OF 2022 Between: M/s Sri Krishna Jewellers (P) Ltd.,, Through its Director Shiv Ctarm Agarwal H. No. 8-2-62162, Sri Krishna House, Road No. 10, Ban,iara Hills, HYderabad-Soo 034 ...PETraoNER Union of lndia, Ministry of Commerce and lndustry Vanijya Bhawan, New Delhi- 110001, INDIA Minerals and Metals Trading Corporation Limited (MMTC Ltd)' Rep by its Managing Director, CORE-i, SCOPE Complex 7, lnstitutional Area' Lodhi Road New Delhi - 1 10003 Minerals and Metals Trading Corporation Limited (MMTC Ltd), Hyderabad Regional office, Rep by its Additional General Manage 9-1-76 to 77l1lB,3rd Floor, S.D. Road, Secuderabad-500003. ...RES,ONDENTS 3 Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to lssue a Writ of mandamus or any other writ, order, direction directing the Respondent to release the bank guarantee furnished on 23.1 0.20'1 9 by the Petitioner
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