M/S Sai Sun Outsourcing Services PVT LTD vs. Chief Engineer Madhya Pradesh Poorva Kshetra Vidhyut Vitran Company LTD Sagar
Held
The Court allowed the petitioner's request to withdraw the writ petition. The reasoning was based on the petitioner's submission that a necessary party, the Commissioner, Goods and Services Tax, had been inadvertently omitted. The Court found it appropriate to permit the withdrawal to enable the petitioner to file a fresh petition with all proper and necessary parties and a more complete factual presentation. The Court directed that it would be open to the petitioner to file a fresh writ petition on the same cause of action, provided they implead the correct parties and include the necessary factual details. No decision was made on the substantive issues raised in the original petition.
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 respondents include the Chief Engineer of Madhya Pradesh Poorva Kshetra Vidyut Vitran Company Ltd. The petitioner's counsel stated that the Commissioner, Goods and Services Tax, had inadvertently not been impleaded as a party. Consequently, the petitioner requested to withdraw the current petition with liberty to file a fresh one, incorporating the necessary factual matrix and impleading the proper parties.
Key Issues
1. Whether the writ petition is maintainable in its current form without impleading the Commissioner, Goods and Services Tax, as a necessary party? The petitioner argued that due to an inadvertent omission, the Commissioner, GST, was not impleaded. They sought permission to withdraw the petition to rectify this procedural defect and file a fresh petition with all necessary parties and a complete factual matrix. The respondents did not present any arguments on the merits of the case as the petitioner sought withdrawal.
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-28613-2019 (M/S SAI SUN OUTSOURCING SERVICES PVT LTD Vs CHIEF ENGINEER MADHYA PRADESH POORVA KSHETRA VIDHYUT VITRAN COMPANY LTD SAGAR 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 p
The judgment continues below.
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