Citation : 2021 Latest Caselaw 807 Tel
Judgement Date : 16 March, 2021
Items No.22, 23 & 51
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
W.A.Nos. 1535 of 2018, 609 and 615 of 2019
COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The appellants are aggrieved by the orders passed by the
learned Single Judge in different writ petitions filed by the
respondents seeking to direct the appellants to collect monthly licence
fee from them without insisting on payment of GST along with the
licence fee, during the pendency of the writ petitions.
2. By separate orders passed in the writ petitions, the learned
Single Judge granted the interim relief as prayed for by the
respondents/writ petitioners. In other words, the appellants have been
restrained from collecting the GST along with the licence fee from the
respondents/writ petitioners. Aggrieved by the said interim orders, the
present intra-court appeals have been filed. By separate orders passed
in each of the appeals, operation of the interim orders passed in the
writ petitions has been stayed. The said order is continuing to operate
till date.
3. We have enquired from learned counsel for the parties as to the
status of the writ petitions filed by the respondents. Learned counsel
state that the pleadings in most of the writ petitions are complete and
they are ripe for final arguments. However, no actual date has been
fixed.
4. Learned counsel for the parties agree that instead of pressing
the present appeals or the vacate stay applications moved by the
appellants and still pending in the writ petitions, it would be
appropriate if the writ petitions are taken up for final hearing and
disposal.
5. Accordingly, with the consent of the parties, the present appeals
are disposed of along with the pending applications, if any, while
confirming the interim orders passed in the appeals, the parties shall
appear before the learned Single Judge in the pending writ petitions
on 25.03.2021, for an actual date to be fixed for arguments.
_________________ HIMA KOHLI, CJ
______________________ B. VIJAYSEN REDDY, J
16.03.2021 Lrkm
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