Pranatharthiharan Sreedharan vs. Union Of INDIA

SCA/15195/2019HC GujaratGSTCNR GJHC24045338201909 September 2019Bench: HONOURABLE MS. JUSTICE BELA M. TRIVEDI,HONOURABLE MR. JUSTICE V.P. PATEL1 pages
AI SummaryWithdrawn

Held

The Court granted the petitioner's request to withdraw the present petition. The Court explicitly stated that it was not examining the merits of the case. The reasoning was based solely on the petitioner's expressed desire to pursue the matter through separate petitions. Therefore, the petition was dismissed as withdrawn, with no decision rendered on the substantive issues raised by the orders under challenge. The operative direction was to permit the withdrawal and dismiss the petition accordingly.

Facts

The petitioner, Pranarthiharan Sreedharan, filed a Special Civil Application before the Gujarat High Court challenging two orders. The first order, dated February 11, 2019, was passed by the Principal Commissioner, Central GST and Central Excise, Vadodara-I. The second order, dated March 1, 2019, was passed by the Principal Commissioner, Central GST and Central Excise, Vadodara-II. The petitioner sought permission to withdraw the present petition to file two separate petitions, each challenging one of the aforementioned orders.

Key Issues

The primary issue before the Court was whether to grant the petitioner's request to withdraw the Special Civil Application. The petitioner, represented by Mr. S.S. Iyer, sought permission to withdraw the petition to file two separate petitions challenging two distinct orders passed by different authorities. The revenue or State did not record any arguments in opposition to this request. The Court had to decide whether to permit the withdrawal without examining the merits of the case.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
C/SCA/15195/2019 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 15195 of 2019 ========================================================== PRANATHARTHIHARAN SREEDHARAN Versus UNION OF INDIA & 4 other(s) ========================================================== Appearance: MR DHAVAL SHAH(2354) for the Petitioner(s) No. 1 MR. S S IYER(6553) for the Petitioner(s) No. 1 for the Respondent(s) No. 1,2,3,4,5 ========================================================== CORAM: HONOURABLE MS.JUSTICE BELA M. TRIVEDI and HONOURABLE MR.JUSTICE V.P. PATEL Date : 09/09/2019

ORAL ORDER (PER : HONOURABLE MS.JUSTICE BELA M. TRIVEDI)

Learned advocate Mr. S.S. Iyer for the petitioner seeks permission to withdraw the present petition with a view to file two separate petitions challenging the order dated 11.02.2019 passed by the Principal Commissioner, Central GST and Central Excise, Vadodara-I, and the order dated 01.03.2019 passed by the Principal Commissioner, Central GST and Central Excise, Vadodara-II.

Without examining the merits of the case, the permiss

The judgment continues below.

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