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2025 DAILYLAW 12157 (DEL)

M/S MALWA AUTOMOBILES PVT LTD v. UNION OF INDIA & ORS.

W.P.(C)/4509/2023 · 2025-01-24

Dharmesh Sharma, Prathiba M Singh

Writ Petition (Civil)body2025

Judgment text

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$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4509/2023 & CM APPL. 13535/2025 M/S MALWA AUTOMOBILES PVT LTD .....Petitioner Through: Mr. Pradeep Jain, Advocate. versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Harpreet Singh, SSC with Ms. Suhani Mathur, Mr. Jai Ahuja and Mr. Akshay Saxena, Advocates. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA O R D E R % 24.04.2025 1. This hearing has been done through hybrid mode. CM APPL. 7599/2025 (for restoration) 2. The present application has been filed by the Petitioner seeking restoration of the present writ petition which was dismissed vide order dated 24th January, 2025. 3. Mr. Pradeep Jain, ld. counsel for the Petitioner submits that initially this writ petition had challenged the show cause notice dated 09th October, 2018(hereinafter, ‘the impugned SCN’) along with the subsequent hearing notices issued upon the Petitioner by Respondent No. 2– Director General of GST Intelligence (hereinafter referred ‘DGGI’). 4. The writ petition came to be dismissed by this Court on 24th January, 2025 on the ground of non-prosecution. 5. In the meantime, the proceedings in the impugned SCN have concluded This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/05/2025 at 16:16:56 and the order-in-original dated 31st January, 2025 has also been passed by the Respondent No.2– DGGI. 6. He submits that the Petitioner wishes to challenge the said order-in- original and prays for issuance of direction that the dismissal of the present writ for non-prosecution vide order dated 24th January, 2025 ought not to come in the way of Petitioner. 7. Considering that the present writ petition has been dismissed for non- prosecution, it is made clear that the Petitioner is at liberty to challenge the order-in-original dated 31st January, 2025 before the concerned authority and avail of his remedies in accordance with law. 8. The application is disposed of in these terms. Pending applications, if any, are also disposed of. PRATHIBA M. SINGH, J. RAJNEESH KUMAR GUPTA, J. APRIL 24, 2025 v/ss This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/05/2025 at 16:16:56