Greenlam Industries LTD vs. Union Of INDIA And Others

Held

The Court allowed the writ petition to be withdrawn. The petitioner was permitted to approach the appropriate authority by making a representation before the GST Council and the State of Himachal Pradesh. The Court granted the petitioner liberty to approach the Court again if any grievance still survived to be redressed. The Court disposed of the petition as withdrawn, along with any pending applications.

Facts

The petitioner, Greenlam Industries Limited, filed a writ petition before the Himachal Pradesh High Court. During the pendency of this petition, the petitioner filed an application seeking to withdraw the main writ petition. This withdrawal was sought with the liberty to approach the Court again if their grievances were not addressed by the respondents. The petitioner intended to make a representation to the respondents in line with the judgment of the Supreme Court in Hero Motocorp Ltd. v. Union of India. The respondents did not raise any objections to this prayer.

Key Issues

1. Whether the petitioner should be permitted to withdraw the writ petition with liberty to approach the Court again. Petitioner's Argument: The petitioner argued that they wished to withdraw the writ petition to make a representation to the respondents, referencing the Supreme Court's decision in Hero Motocorp Ltd. v. Union of India, and sought liberty to re-approach the Court if their grievances remained unredressed. Respondents' Argument: The respondents did not communicate any objection to the petitioner's prayer for withdrawal.