IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER 2017 PRESENT THE HON’BLE MR.H.G.RAMESH ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL NO.6089/2017 (T-TAR) BETWEEN :
THE COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX 7TH FLOOR, TRADE CENTRE BUNTS HOSTEL ROAD MANGALURU – 575 003 ...APPELLANT (BY SRI PRABHULING K.NAVADGI, ASG FOR SRI SHASHIKANTHA.C & SRI K.V.ARAVIND, ADVOCATES) AND :
M/S J.M.J. PROMOTIONS PROP. GRATION ANIL PINTO D.NO.11/8/664 (6), II FLOOR ZAHIR TOWER, NEAR RAO & RAO CIRCLE MANGALURU – 575 001 (REPRESENTED BY SRI GRATION ANIL PINTO SON OF SRI VALERIAN PINTO AGED 31 YEARS, PROPRIETOR OF M/S J.M.J. PROMOTIONS) ...RESPONDENT THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 05.09.2017 PASSED IN THE WRIT PETITION No.6621/2017.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE ACTING CHIEF JUSTICE, DELIVERED THE FOLLOWING:
JUDGMENT Ag.CJ (Oral):
1. Sri Prabhuling K.Navadgi, learned Additional Solicitor General appearing for the appellant submits that several relevant facts were not brought to the notice of the learned Single Judge at the time of passing of the order dated 05.09.2017 in Writ Petition No.6621/2017 which is impugned in this writ appeal. Hence, he seeks leave to withdraw the appeal with liberty to the appellant to apply for recalling of the aforesaid order and to approach this Court if such an occasion arises.
2. Leave and liberty sought for is granted. The writ appeal is accordingly disposed of. In view of disposal of the appeal, IA No.2/2017 does not survive for consideration; it stands disposed of accordingly.
Appeal disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE KSR