Obelisk Composite Technology LLP vs. Union Of INDIA
Held
The Court held that the writ miscellaneous application no longer survived. This decision was based on the submission made by the learned counsel for the petitioner that compliance with the order dated 12.12.2019 had been made subsequent to the issuance of notice in the present application. The Court accepted this submission and found no further necessity for the application to be adjudicated. Consequently, the application was dismissed. The ratio decidendi is that if a party demonstrates compliance with a prior court order that formed the basis of a subsequent application, and such compliance renders the subsequent application moot, the application will be dismissed as having served its purpose.
Facts
The petitioner, Obelisk Composite Technology LLP, filed a writ miscellaneous application before the High Court of Judicature for Rajasthan at Jodhpur. The application was filed in the context of a previous order dated 12.12.2019. The petitioner's counsel submitted that subsequent to the issuance of notice in the present application, compliance with the aforementioned order dated 12.12.2019 has been made. The respondents were the Union of India, the Secretary of the GST Council, and the Assistant Commissioner, GST, Jodhpur.
Key Issues
The primary issue before the Court was whether the writ miscellaneous application, filed by the petitioner, had become infructuous. The petitioner argued that subsequent compliance with the order dated 12.12.2019 had rendered the present application unnecessary. The respondents' stance on this specific procedural point was not explicitly recorded in the judgment, other than their appearance through counsel. The question was essentially whether the Court should proceed to hear the application on its merits or dismiss it as having served its purpose or become redundant due to subsequent actions.
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Cause title — parties, addresses and appearances
Order 23/03/2022 In wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.
Mr. Jitendra Maheshwari, learned counsel for the petitioner submits that subsequent to the issuance of notice in this application, the compliance of the order dated 12.12.2019 has been made.
In light of such submission, the present misc. application no more survives and the same is
The judgment continues below.
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