M/S Sai Sun Outsourcing Services PVT. LTD. vs. Chief Engineer
Held
The Court allowed the petitioner to withdraw the writ petition. The reasoning was based on the petitioner's submission that the Commissioner, Goods and Services Tax, was inadvertently not impleaded as a party. The Court granted liberty to the petitioner to file a fresh writ petition on the same cause of action, provided they implead the proper and necessary party and incorporate the necessary factual matrix. No decision was made on the merits of the case.
Facts
The petitioner, M/s Sai Sun Outsourcing Services Pvt. Ltd., filed a writ petition before the High Court of Madhya Pradesh. The petition sought to quash an order dated 21.11.2019 and to direct the respondents to allow the petitioner to continue working. The petitioner's counsel informed the Court that the Commissioner, Goods and Services Tax, had inadvertently not been impleaded as a party. The petitioner requested permission to withdraw the current petition with liberty to file a fresh one, incorporating the necessary factual matrix and impleading the proper and necessary party.
Key Issues
1. Whether the petitioner should be allowed to withdraw the writ petition with liberty to file a fresh petition on the same cause of action, given the inadvertent omission of a necessary party (Commissioner, Goods and Services Tax)? Petitioner's argument: The petitioner argued that due to an inadvertent error, the Commissioner, Goods and Services Tax, was not impleaded as a party. They sought permission to withdraw the current petition and file a fresh one with the correct party impleaded and necessary factual details included, preserving the original cause of action. Revenue's argument: The judgment records no specific argument from the respondents (Chief Engineer and Others).
AI-generated summary — verify with the full judgment below
(AJAY KUMAR MITTAL) CHIEF JUSTICE (VIJAY KUMAR SHUKLA) JUDGE The High Court Of Madhya Pradesh WP-27952-2019 (M/S SAI SUN OUTSOURCING SERVICES PVT. LTD. Vs CHIEF ENGINEER AND OTHERS)
Jabalpur, Dated : 29-01-2020 Shri Atul Kumar Jain, Advocate for the petitioner.
Shri Ankit Agrawal, Advocate for the respondents.
Heard learned counsel for the parties.
By way of the instant petition filed under Article 226 of the Constitution of India, the petitioner has claimed following reliefs :- "(i) Issue writ in the nature of Certiorari and pass an order of quashing the impugned order dated 21.11.2019 (Annexure P-01) and render justice. (ii) Issue writ in the nature of Mandamus and pass an order directing the respondents to allow the petitioner to continue to work. (iii) Call for record of the case for kind perusal of this Hon'ble Court. (iv) Be pleased to pass any such other and further relief(s) as this Hon'ble Court may deem fit in the circumstances of this Case and thus render justice."
Learned counsel for the petitioner stated that inadvertently Commissioner, Goods and Services Tax could not be impleaded as party in the writ petition and prayed that he may be allowed to withdraw this pet
The judgment continues below.
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Reproduced from the public record of the Madhya Pradesh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.