M/S Madhuban Aircon Ref vs. Chief General Manager, Bharat Sanchar Nigam Limited And Another

WRIC/21643/2023HC AllahabadGSTCNR UPHC01143448202321 November 20231 pages
For Petitioner: Santosh Kumar Mishra
AI SummaryRemanded

Held

The Court noted that most of the petitioner's grievances have been redressed by the respondent authorities, as per the instructions placed on record by the respondent's counsel. The only remaining dispute concerns the GST amount, which requires reconciliation by the Department. Considering these facts and the categorical instructions, the Court was not inclined to proceed further with the matter. The Court stated that it is always open for the petitioner to press the relief before the appropriate Forum/Authority. The writ petition was accordingly disposed of.

Facts

The petitioner, M/s Madhuban Aircon Ref, filed a writ petition challenging orders dated 06.05.2023 and 25.05.2023 passed by respondent nos. 2 & 3. These orders allegedly resulted in the non-payment of admitted and approved bills of the petitioner by the respondents. The respondent, Chief General Manager, Bharat Sanchar Nigam Limited, through its counsel, submitted instructions indicating that most of the petitioner's grievances have been redressed. The remaining dispute pertains to the GST amount, which requires reconciliation by the concerned department.

Key Issues

1. Whether the writ petition survives for adjudication given that most of the petitioner's grievances have been redressed by the respondent authorities? 2. Whether the remaining dispute concerning the GST amount requires reconciliation by the Department concerned? Petitioner's Contention: The petitioner sought to quash the impugned orders for non-payment of admitted and approved bills. Respondent's Contention: The respondent submitted instructions stating that most of the petitioner's grievances have been redressed, and therefore, the cause for filing the writ petition no longer survives. The remaining dispute regarding the GST amount is to be reconciled by the Department.

AI-generated summary — verify with the full judgment below

Neutral Citation No. - 2023:AHC:221934-DB Court No. - 40 Case :- WRIT - C No. - 21643 of 2023 Petitioner :- M/S Madhuban Aircon Ref Respondent :- Chief General Manager, Bharat Sanchar Nigam Limited And Another Counsel for Petitioner :- Santosh Kumar Mishra Counsel for Respondent :- B.K.Singh Raghuvanshi Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

1.

Heard Sri S.K.Mishra, learned counsel for the petitioner and Sri B.K.Singh Raghuvanshi, learned counsel for the contesting-respondent.

2.

The instant writ petition has been filed for quashing the impugned order dated 06.05.2023 and 25.05.2023 passed by respondent nos. 2 & 3, by which, the admitted and approved bills of the petitioner has not been paid by the respondents.

3.

In response to the earlier orders, Sri B.K.Singh Raghuvanshi, learned counsel for the contesting-respondent has placed the instructions and submits that most of the grievance of the petitioner is already redressed by the respondent, as such, cause for filing of the writ petition no more survives. The said instruction is taken on record.

4.

Admittedly, most of the grievance of the petitioner has been redressed by the respondent authorities and only

The judgment continues below.

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