Case Law Details
Amazing India Contractors Private Limited Vs State of Bihar (Patna High Court)
In the case of Amazing India Contractors Private Limited Vs State of Bihar, the Patna High Court permitted the petitioner to withdraw the writ application with the liberty to seek remedies before the Competent Authority. During the hearing, the State’s counsel informed the court that the GST Tribunal is expected to be constituted shortly, and relevant notifications would be issued soon. The petitioner cited a government circular (No. 237/31/2024-GST dated 15th October 2024) and a precedent set by the High Court in the case of M/s Platinum Ispat Industries Pvt. Ltd Vs Union of India & Ors. (C.W.J.C No. 13158 of 2024) to justify the withdrawal. The court allowed the withdrawal while ensuring that all parties’ contentions remain open for consideration in subsequent proceedings.
FULL TEXT OF THE JUDGMENT/ORDER OF PATNA HIGH COURT
Heard Ms. Archana Sinha, learned counsel for the petitioner and Mr. Vikash Kumar, learned Standing Counsel-11 for the state.
2. At the outset, Mr. Vikash Kumar, learned Standing Counsel-11 for the State informed this Court that the G.S.T Tribunal is likely to be constituted very soon and it is expected that notifications in this regard would be issued within a short period.
3. After some arguments, learned counsel for the petitioner seeks permission to withdraw this writ application with liberty to seek remedy before the Competent Authority, in terms of the circular issued by the Government of India bearing 237/31/2024-GST dated 15th October, 2024 as also on the strength of a judgment of this Court passed in C.W.J.C No. 13158 of 2024 (M/s Platinum Ispat Industries Pvt. Ltd vs. The Union of India & Ors.)
4. Learned Standing Counsel for the State submits that in such circumstance all contentions will be left open to the parties.
5. This writ application is permitted to be withdrawn with liberty as prayed for. All contentions are left open to the parties.
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