Legend Distilleries PVT. LTD. vs. State Of Chhattisgarh
Facts
The petitioner, Legend Distilleries Pvt. Ltd., filed a writ petition before the High Court of Chhattisgarh, Bilaspur. The respondents were the State of Chhattisgarh (through the Excise Department), the Collector (Excise) Raipur, and the Chhattisgarh State Beverages Corporation Ltd. The specific tax period and the order or action under challenge are not detailed in the provided judgment. The amount in dispute is also not mentioned. The procedural history leading to this filing is not elaborated.
Held
The Court held that the petitioner's request to withdraw the petition with liberty to file a duly constituted petition should be granted. This decision was based on the fact that the other side had no objection to the withdrawal. Consequently, the Court dismissed the present petition as withdrawn, granting the petitioner the liberty to file a fresh petition. No specific findings on any GST-related substantive issues were made, as the petition was withdrawn at the outset.
Key Issues
The primary issue before the Court was whether to grant the petitioner's request to withdraw the petition. The petitioner, through their learned counsel, sought permission to withdraw the writ petition with the liberty to file a duly constituted petition. The respondents, represented by their respective counsel, did not raise any objection to this request. The Court had to decide whether to allow this withdrawal with liberty, considering the absence of opposition from the respondents.
AI-generated summary — verify with the full judgment below
1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 442 of 2024 Legend Distilleries Pvt. Ltd. (Through Authorized Representative / Signatory) 97-C, Sector-A, Industrial Area, Sirgitti, District : Bilaspur, Chhattisgarh ---- Petitioner Versus 1 - State Of Chhattisgarh (Through Excise Department) Gst Bhawan, Sector 19, Atal Nagar, Raipur - 492002, Chhattisgarh. 2 - Collector (Excise) Raipur, District : Raipur, Chhattisgarh 3 - Chhattisgarh State Beverages Corporation Ltd. (Through Managing Director) Labhandi, Chokra Nala, District : Raipur, Chhattisgarh ---- Respondents (Cause Title is taken from Case Information System) For Petitioner
: Mr. Khulesh Sahu, Advocate For State : Mr. Dilman Rati Minj, G.A Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 29 .01.2024
At the very outset, learned counsel for the petitioner seeks permission of this Court to withdraw this petition with liberty to file duly constituted petition.
No objection from other side.
Permission granted.
Accordingly, the present petition is dismissed as withdrawn with the aforesaid liberty. (Rakesh Mohan Pandey)
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.
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.