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
DailyLaw.ai
[ 2025 DAILYLAW 44745 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 44745 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4509/2023 & CM APPL.7599/2025 M/S MALWA AUTOMOBILES PVT LTD .....Petitioner Through: Mr. Vineet Garg, Adv. (M: 8750137505) versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Jai Ahuja, Adv. for Mr.1 Harpreet Singh, Senior Standing Counsel. (M: 9971564044) CORAM:
JUSTICE PRATHIBA M. SINGH JUSTICE DHARMESH SHARMA O R D E R % 07.02.2025
1. This hearing has been done through hybrid mode. CM APPL.7599/2025 (for restoration of the petition) in W.P.(C) 4509/2023
2. This is an application filed by the Applicant/Petitioner under Section 151 of Civil Procedure Code seeking to restore the main writ petition, being W.P.(C) 4509/2023, which was dismissed for non-prosecution on the last date i.e., 24th January, 2025 in the following terms:
“3. Counter affidavit on behalf of Respondent No. 2 has been filed. However, the rejoinder has not been filed despite repeated opportunities. There is also no appearance on behalf of the Petitioner. Even on the last two dates of hearing, there is no appearance, which has been recorded. 4. The present petition is dismissed for non-prosecution. 5. Ld. counsel for the Respondents submits that the issues raised in this petition is already covered in the 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 01/07/2025 at 23:34:54
decision of this Court in Vianaar Homes Private Limited v. Assistant Commissioner (Circle-12), Central Goods & Services Tax & Ors., [W.P.(C) 2245/2020, decided on 27th February, 2020].”
3. Today, learned Counsel for the Petitioner appeared and submitted that he was unable to appear on the last date of hearing, i.e., January 24, 2025, as he had inadvertently misheard the next date of hearing during the prior proceeding held on November 5, 2024
4. According to ld. Counsel for the Respondents, this matter is now covered by the judgment mentioned in the said order dated 24th January, 2025. 5. However, Ld. Counsel for the Petitioner submits that this matter is connected with batch matters pending before this Court, which are awaiting the decision of the full bench headed by Justice Yashwant Verma in W.P.(C)No.13325/2018 titled as ‘KTC (India) Pvt. Ltd. v. Commissioner of Central GST Audit-II Delhi & Anr.’
6.
Accordingly, list this matter on 24th April, 2025 along with the said batch matters. PRATHIBA M. SINGH, J.
DHARMESH SHARMA, J.
FEBRUARY 7, 2025/dk/Am 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 01/07/2025 at 23:34:54