M/S Sai Sun Outsourcing Service PVT LTD vs. Chief Engineer Madhya Pradesh Poorva Kshetra Vidhyut Vitran Company LTD Jabalpur
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, had been inadvertently omitted as a party and that the petitioner wished to file a fresh petition with the correct parties and a more complete factual matrix. The Court held that it was open to the petitioner to file a fresh writ petition on the same cause of action, provided they impleaded the proper and necessary parties and incorporated the necessary factual matrix. No decision was made on the merits of the case.
Facts
The petitioner, M/s Sai Sun Outsourcing Service Pvt Ltd, filed a writ petition before the Madhya Pradesh High Court under Article 226 of the Constitution of India. The petition sought to quash an order dated 21.11.2019 and to direct the respondents to allow the petitioner to continue its work. The respondents included the Chief Engineer, Madhya Pradesh Poorva Kshetra Vidyut Vitran Company Ltd, Jabalpur, and others. The petitioner's counsel stated 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 on the same cause of action, after impleading the proper and necessary parties and incorporating the necessary factual matrix.
Key Issues
1. Whether the petitioner should be allowed to withdraw the writ petition with liberty to file a fresh one, given the inadvertent omission of a necessary party (Commissioner, Goods and Services Tax) and the desire to incorporate additional factual details. Petitioner's argument: The petitioner argued that due to an inadvertent error in not impleading the Commissioner, Goods and Services Tax, as a party, and to ensure a comprehensive presentation of facts, the current petition should be permitted to be withdrawn with liberty to file a fresh petition. This would allow for the inclusion of all necessary parties and a more complete factual matrix. Revenue/State's argument: The judgment does not record any specific argument from the respondents. The court's decision was based on the petitioner's request for 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-28612-2019 (M/S SAI SUN OUTSOURCING SERVICE PVT LTD Vs CHIEF ENGINEER MADHYA PRADESH POORVA KSHETRA VIDHYUT VITRAN COMPANY LTD JABALPUR 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
The judgment continues below.
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