2025 (3) TMI 1234 - HC - GST

Withdrawal of petition - Seeking release of sanctioned loan - illegal seizure without affording the Petitioner a chance to be heard - violation of principles of natural justice - HELD THAT - The respondent No.2 appearing on advance notice submitted that the instant petition is nothing but a gross misuse of process of law and the prayer no. d of the instant petition which is made by petitioner for issuance of directions to the GST-Department is baseless and does not have any grounds. Accordingly the instant petition may be dismissed however since the learned counsel appearing on behalf of the petitioners made an innocuous prayer to withdraw the instant petition and has not pressed the matter on merits he has no objection for withdrawal of the instant petition. The instant petition is dismissed as withdrawn with liberty as prayed for.

Summary

In the case before the Delhi High Court, the petitioner filed a writ petition under Article 226 of the Constitution of India, seeking several reliefs. These included a writ of mandamus to expedite the adjudication of a Securitisation Application by the Debt Recovery Tribunal-II, the release of Rs. 20 lakhs withheld by the Respondent Bank, restoration of possession of the petitioner's factory premises, and reconsideration of penalties imposed by the GST Department.The petitioner's counsel sought permission to withdraw the petition, with the liberty to pursue appropriate proceedings in another forum. The respondent's counsel argued that the petition constituted a "gross misuse of process of law" and specifically challenged the petition's request regarding the GST Department as baseless. However, the respondent did not object to the withdrawal of the petition.The court granted leave to withdraw the petition, dismissing it as withdrawn with the liberty for the petitioner to initiate appropriate proceedings as per the law.