Prolific Systems And Technologies PVT LTD. And Ors. vs. Union Of INDIA Through The Secretary, Ministry Of Law And Justice And Ors.
Held
The Court granted the petitioners' request to withdraw the writ petition with liberty to file a fresh petition as and when occasion arises. The Court noted the submissions made by both parties, particularly the undertakings given by the petitioners before the Additional Chief Metropolitan Magistrate regarding the payment of GST dues and the ongoing proceedings related to bail cancellation. The Court did not delve into the merits of the GST liability or the bail cancellation proceedings. The operative direction was to dismiss the writ petition as withdrawn with the liberty as prayed for by the petitioners. No costs were awarded.
Facts
The petitioners, Prolific Systems and Technologies Pvt. Ltd. & Ors., filed a writ petition before the Bombay High Court. The petition concerned an application for cancellation of bail granted to petitioners nos. 2, 3, and 4 by the Additional Chief Metropolitan Magistrate. The respondents' counsel highlighted an application filed by the petitioners before the Magistrate, wherein the petitioners had volunteered to pay a total GST liability of Rs. 7.84 crores in installments. The petitioners had also given an undertaking to the Magistrate not to default in payment as per the schedule, failing which their bail could be cancelled. Furthermore, in an application for waiver of the condition not to leave India and for the return of passports, the petitioners had undertaken to deposit the GST amount in installments and had already paid Rs. 3 crores to show bonafides.
Key Issues
1. Whether the petitioners are entitled to withdraw the writ petition with liberty to file a fresh petition as and when occasion arises, considering the ongoing proceedings before the Additional Chief Metropolitan Magistrate regarding bail cancellation and the undertakings given by the petitioners concerning GST payment. Petitioner's Argument: The petitioners sought liberty to withdraw the writ petition with the option to file a fresh petition in the future if necessary. Respondent's Argument: The respondents pointed to the petitioners' voluntary undertaking to pay GST dues in installments before the Additional Chief Metropolitan Magistrate and their assurance not to default. They also noted that the petitioners had already deposited a significant amount (Rs. 3 crores) towards their GST liability while seeking the return of their passports.
AI-generated summary — verify with the full judgment below
KVM 1/3 27 -WP 741 OF 2022.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 741 OF 2022 Prolific Systems and Technologies Pvt.Ltd. & Ors. ….. Petitioners VERSUS Union of India & Ors. ….. Respondents Mr.Abhishek A.Rastogi, a/w. Pratyushprava Saha, Mahir Chablani and Ms.Kanika Sharma, i/b. Khaitan & Co. for the Petitioners. Mr.P.S.Jetly, Senior Advocate, a/w. Mr.J.B.Mishra, Mr.Ram Ochani for the Respondent nos. 1 to 3. CORAM : R.D. DHANUKA & S.M.MODAK, JJ.
DATE : 21ST FEBRUARY, 2022. P.C:- Mr.Rastogi, learned counsel for the petitioners states that the application for cancellation of bail granted to the petitioner nos. 2, 3 and 4 vide order dated 9th December, 2020 by the learned Additional Chief Metropolitan Magistrate below Bail Application No.222/BA/2020 in R.A.NO. 201/2020 is being heard.
Mr.Mishra, learned counsel for the respondents invited our attention to the application filed by the petitioners before the learned KANCHAN VINOD MAYEKAR KANCHAN VINOD MAYEKAR Date: 2022.02.23 15:05:56 +0530
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