High Court of DelhiW.P.(C)/204/2014

Fertilizer Association Of India v. Union Of India & ORS.

2017-11-17Cases Pertaining To Special Benches2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C)204/2014, CM APPL. 362/2014 & CM APPL. 10123/2014 FERTILISERS ASSOCIATION OF INDIA ....Petitioner Through :

Ms. Kaveeta Wadia and Mr. Shashashank Tripathi, Advocate versus UNION OF INDIA & ORS.

....Respondents Through :

Mr. Jasmeet Singh CGSC and Mr. Srivats Kaushal, Advocates for UOI Ms. Kriti Awasthi, Advocate for R-5 (GMR) Mr. Paras Kuhad, Senior Advocate with Mr.

K.R. Sasiprabhu, Mr. Raghav Shankar, Mr.

Jitin Chaturvedi, Ms. Aditi Tripathi and Ms.

Vishnu Sharma, Advocates for R-4 (RGTIL)

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 17.11.2017 The petitioner by this petition has sought Writ of mandamus, inter-alia, directing respondent No.3 PNGRV to ensure that swapping, if any, must protect the interest of the members of the petitioner/Fertilizers Association of India and the excess levy is borne by the beneficiary and further directing respondent No. 3 to act in consonance with the Guidelines of Swapping issued in 2011 by respondent No. Ministry of Petroleum and Natural Gas, while issuing any direction pertaining to delivery and/or transportation of natural W.P.(C)204/2014

gas which has an adverse impact on shippers already being supplied Gas.

Learned counsel for the petitioner submits that in view of the amendment in the tax regime - by way of Taxation Laws (Amendment) Act 2017 dated 04.05.2017, substantial grievance of the petitioner has become redressed and the petition has become infructuous.

Learned counsel seeks leave to withdraw the petition with liberty to approach, again, if the cause so arises. In view of the above, the petition is dismissed as withdrawn. All the rights and contentions of the parties are reserved. In case, the petitioner is aggrieved, inter-alia, by the impugned order, liberty is granted to impugn/challenge the said order in accordance with law. In view of the above, interim order dated 22.01.2014 stands vacated.

SANJEEV SACHDEVA, J NOVEMBER 17, 2017 nd W.P.(C)204/2014