The Commissioner Of Commercial ... vs Metalica Metals
2023 Latest Caselaw 636 Mad

                                                                                     W.A.No.143 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 11.01.2023

                                                       CORAM:

                             THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
                                                AND
                            THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ

                                                  W.A.No.143 of 2023

            1. The Commissioner of Commercial Taxes,
               Chepauk, Chennai-600 005.

            2. The Commercial Tax Officer,
               Harbour Assessment Circle,
               Chennai-600 086.                                            .. Appellants

                                                                 -vs-
            Metalica Metals
            rep. by its Partner,
            Chennai.                                                       ... Respondent

            Prayer: Writ Appeal filed under Clause 15 of Letter Patent to set aside the order dated

            03.10.2016 passed in W.P.No.34777/2016 and allow the Writ Appeal.


                                      For Appellants     : Mr.M.Venkateswaran, Spl.G.P.

                                      For Respondent     : ...




            1/4

https://www.mhc.tn.gov.in/judis
                                                                                               W.A.No.143 of 2023

                                                    JUDGMENT

Learned Special Government Pleader appearing for the appellants sought for

permission of this Court to withdraw the present Writ Appeal and he has also filed a

Memo of Withdrawal of the Writ Appeal dated 06.01.2023 to that effect.

2. In this regard, it is relevant to extract the Memo of Withdrawal of the Writ

Appeal here under:

''1. The above Writ Appeal was filed by the Department against the orders passed in W.P.No.34777 of 2016 dated 03.10.2016 without full set of papers viz. 2nd set of papers, stay affidavit and petition, delay affidavit and petition, dispense with affidavit and petition, synopsis, delay in representation, batta, dates and events, typed set, coding sheet, verified petition etc. and the same was returned by the Registry vide W.A.S.R.No.76222 of 2017.

2. In the meantime, the orders passed in W.P.No.34777 of 2016 has been accepted by the Appellant/covered under litigation policy. Therefore, the Department has not represented the Writ Appeal within the time stipulated by the Registry.

3. Now, we have filed memo of withdrawal of the above Writ Appeal before the Registry for permission to withdraw along with memorandum of grounds of Writ Appeal, delay affidavit and petition, delay in representation affidavit and petition, impugned order and memo of appearance.

Hence, it is prayed that this Hon'ble Court may be pleased to direct the Registry to number the above Writ Appeal and thereby render justice.''

https://www.mhc.tn.gov.in/judis W.A.No.143 of 2023

3. Recording the same, permission is granted to the learned Special

government Pleader for the appellants to withdraw the above Writ Appeal.

Accordingly, the Writ Appeal is dismissed as withdrawn. No costs.

                                                                       [S.V.N., J.]      [M.S.Q., J.]
                                                                                11.01.2023
            Index: Yes / No
            Internet: Yes / No
            tsi






https://www.mhc.tn.gov.in/judis
                                              W.A.No.143 of 2023

                                    S. VAIDYANATHAN, J.
                                                   and
                                  MOHAMMED SHAFFIQ, J.

                                                             tsi




                                       W.A.No.143 of 2023




                                                  11.01.2023






https://www.mhc.tn.gov.in/judis