M/S. Hanuman Medicose vs. Union Of INDIA

CW/1674/2020HC RajasthanGSTCNR RJHC01007548202007 July 2021Bench: DINESH MEHTA1 pages
AI SummaryDismissed

Held

The Court held that the petitioner was not interested in pursuing the writ petition due to their consistent absence from court on multiple dates. The Court reasoned that the repeated non-appearance indicated a lack of interest in prosecuting the case. Consequently, the writ petition was dismissed for want of prosecution. The stay petition, which was ancillary to the main writ petition, was also dismissed.

Facts

The petitioner, M/s. Hanuman Medicose, through its Proprietor Sandeep Bothra, filed a writ petition before the Rajasthan High Court at Jodhpur. The petition was filed against the Union of India and various GST authorities, including the Commissioner (GST) and the Goods and Service Tax Council. The specific tax period and the order or action under challenge are not detailed in the provided judgment. The procedural history indicates that no one appeared on behalf of the petitioner on 24.02.2020, and again on 07.07.2021, even in the second round of hearing. The amount in dispute is not stated.

Key Issues

1. Whether the petitioner is interested in pursuing the writ petition, given their consistent absence from court hearings? (Question of fact) Petitioner's Arguments: None recorded. The judgment notes the petitioner's absence. Revenue/State's Arguments: None recorded. The judgment notes the petitioner's absence.

AI-generated summary — verify with the full judgment below

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1674/2020 M/s. Hanuman Medicose, Through Its Proprietor Sandeep Bothra S/o Late Navratan Mal Bothra, Aged About 42 Years, R/o Opposite Mgh Hospital, MGH Road, Jodhpur, Rajasthan. ----Petitioner Versus

1.

Union Of India, Through Its Secretary, Department Of Revenue, Ministry Of Finance, Government Of India, New Delhi.

2.

The Commissioner (GST), GST Policy Wing, Central Board Of Excise And Customs, Department Of Revenue, Ministry Of Finance, Government Of India, New Delhi.

3.

Good And Service Tax Council, Tower II, 5Th Floor, Jeevan Bharti Buidilng, New Building Through Its Secretary.

4.

Commercial Taxes Officer, Circle-A, Commercial Taxes Department, Jodhpur. ----Respondents For Petitioner(s) : None present JUSTICE DINESH MEHTA Order 07/07/2021 Nobody appears on behalf of the petitioner even in the second round. Nobody appeared on 24.02.2020 either. It is thus, clear that the petitioner is not interested in pursuing the present writ petition. The writ petition is, therefore, dismissed for want of prosecution. Stay petition also stands dismissed. (DINESH MEHTA),J 1-Ramesh/-

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