M/S Jagdalpur Motors vs. Shri Ritvik Ranjanam Pandey (Secretary Revenue) Ministry Of Finance

CONT/1043/2023HC ChhattisgarhGSTCNR CGHC01036006202329 July 2024Bench: HON'BLE SHRI JUSTICE NARENDRA KUMAR VYAS2 pages
AI SummaryRemanded

Facts

The petitioner, M/s Jagdalpur Motors, through its Director Shri Niraj Sharma, filed a contempt petition before the High Court of Chhattisgarh. This contempt petition was filed in relation to a writ appeal preferred before the Division Bench of the same High Court. The writ appeal was against an order passed by a Single Bench of the High Court on November 28, 2022, in WPT No. 252/2022. The petitioner sought disposal of the contempt petition with liberty to revive it if necessary after the Division Bench decides the writ appeal.

Held

The Court allowed the prayer made by the learned counsel for the applicant. It was held that the contempt petition should be disposed of, granting the applicant liberty to revive it if the exigency arises after the decision of the Hon'ble Division Bench of this Court. The Court's reasoning was based on the pendency of the writ appeal before the Division Bench, which would likely address the underlying issues. Therefore, the contempt petition was disposed of with the specified liberty.

Key Issues

1. Whether the contempt petition should be disposed of with liberty to revive it, pending the decision of the Division Bench on a related writ appeal? The petitioner argued that since a writ appeal against the Single Bench's order is pending before the Division Bench, the contempt petition should be kept in abeyance. They requested liberty to revive the contempt proceedings if circumstances warranted after the Division Bench's decision. The respondents did not record any specific arguments in the judgment.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
Page 1 of 2 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 1043 of 2023 M/s Jagdalpur Motors Through Director, Shri Niraj Sharma, S/o Shri Ghanshyam Sharma, Aged About 37, Address- Nh-16, Geedam Road, Pandripani, Jagdalpur, District Bastar Chhattisgarh. ---- Petitioner Versus 1. Shri Ritvik Ranjanam Pandey (Secretary Revenue) Ministry Of Finance, Department Of Revenue Room No. 46, North Block, New Delhi, 110001. 2. Pankaj Kumar Singh (Secretary), Gst Council Secretariat, V Floor, Tower Ii, Jeevan Bharti Building, Janpath Road, Connaught Place New Delhi, 110001. 3. (Deleted) Atul Gupta (Divisional Depouty Commissioner Of Commercial Tax) As Per Hon'ble Court Order Dated 07-11-2023. 4. Ritesh Kumar Agrawal Commissioner Of Central Tax), Goods And Services Tax, Central Gst Bhawan, Dhamtari Road, Tikrapara, Raipur Chhattisgarh 491001 5. (Deleted) Manish Kumar Sinha (Commissioner Of State Tax) As

Per Hon'ble Court Order Dated 07-11-2023. --- Respondent For Applicant : Mr. Prashant Dansena, Advocate.

For Respondents : Mr. Vikram Sharma, Advocate.

For UOI : Mr. Ramakant Mishra, Dy. S.G. with Mr.

Rishabh Dev Singh, Central Govt. Counsel.

Hon'ble Shri Justice

The judgment continues below.

Read the full judgment

A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

Reproduced from the public record of the Chhattisgarh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.