M/S Asha Food Products vs. Union Of INDIA
Held
The Court allowed the Miscellaneous Civil Case (MCC) No. 2625 of 2023. The Court found the grounds mentioned in the application for restoration to be satisfactory. Consequently, W.P. No. 19659 of 2020 was restored to its original number. This restoration was made subject to the condition that the applicants deposit a cost of Rs. 1000/- (Rupees One Thousand Only) to the M.P. High Court Legal Services Committee, Indore, within seven working days from the date of the order. The applicants were also directed to produce the receipt of this deposit before the Registry. The Court ordered that a copy of this restoration order be placed in the record of W.P. No. 19659/2020. The MCC was disposed of accordingly.
Facts
The applicants, M/s Asha Food Products and three other entities, filed Miscellaneous Civil Case (MCC) No. 2625 of 2023 before the Madhya Pradesh High Court at Indore. The purpose of this MCC was to seek the restoration of Writ Petition (W.P.) No. 19659 of 2020. The original writ petition had been dismissed by the Court for want of prosecution on October 26, 2023. The respondents were the Union of India and the Commissioner, C.Ex and CGST, Indore. The applicants sought to revive their dismissed writ petition.
Key Issues
1. Whether the grounds presented in the Miscellaneous Civil Case (MCC) No. 2625 of 2023 are sufficient to warrant the restoration of Writ Petition (W.P.) No. 19659 of 2020, which was dismissed for want of prosecution? Arguments for the Applicants: The applicants argued that there were valid reasons for their failure to prosecute W.P. No. 19659 of 2020, and these reasons, as detailed in the MCC, justified the restoration of the writ petition. They sought the Court's indulgence to reinstate the matter for adjudication on its merits. Arguments for the Respondent: The judgment does not record any specific arguments made by the respondents in opposition to the restoration application. The respondents were represented by counsel, but their contentions, if any, are not detailed in the provided text.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI & HON'BLE SHRI JUSTICE PRANAY VERMA ON THE 1st OF NOVEMBER, 2023 MISC. CIVIL CASE No. 2625 of 2023 BETWEEN:-
M/S ASHA FOOD PRODUCTS PLOT NO. 13-B1 AND 13-C SECTOR C SANWER ROAD INDUSTRIAL AREA INDORE 452015 (MADHYA PRADESH)
M/S ADR FOOD PVT. LTD. PLOT NO. 13-B1 AND 13- C, SECTOR C, SANWER ROAD INDUSTRIAL AREA INDORE (MADHYA PRADESH)
M/S ASHA CONFECTIONARY PLOT NO. 13-B1 AND 13-C, SECTOR C, SANWER ROAD INDUSTRIAL AREA INDORE (MADHYA PRADESH)
M/S MAHIMA ENTERPRISES SHRI PRADEEP GULWAN I 947, KHATIWALA TANK, INDORE (MADHYA PRADESH) .....APPLICANTS (SHRI HARISH JOSHI, LEARNED COUNSEL FOR THE APPLICANTS) AND 1. UNION OF INDIA FINANCE SECRETARY NORTH BLOCK NEW DELHI (DELHI)
THE COMMISSIONER C.EX AND CGST MANIK BAGH PALACE, POST BAG NO. 10, INDORE (MADHYA PRADESH) .....RESPONDENTS (SHRI PRASANNA PRASAD, LEARNED COUNSEL FOR THE RESPONDENT) This application coming on for admission this day, Justice Sushrut Arvind Dharmadhikari passed the following: 1 (S. A. DHARMADHIKARI) JUDG
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