Faisal Traders Through Mr Mohd Hanif Nagaria v. State Of Maharashtra Through The Secretary, Deparmtment Of Revenue

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION by PRACHI PRANESH NANDIWADEKAR Date: 2024.11.13 15:54:41 +0530 PRACHI PRANESH NANDIWADEKAR WRIT PETITION NO.4293 OF 2024 Faisal Traders .. Petitioner

Versus

State of Maharashtra & Ors.

.. Respondents --- Mr. Roshil Nichani a/w Mr. Aansh Desai i/by Pythagoras Legal for the petitioner.

Ms. Jyoti Chavan, Addl. G. P. a/w Mr. Himanshu Takke for the State. --- CORAM : M. S. Sonak & Jitendra Jain, JJ.

DATE : 12 November 2024 P.C.:- 1.

After this matter was argued for some time, the learned counsel for the petitioner, on instructions, seeks leave to withdraw this petition with liberty to challenge the impugned order dated 11 June 2024 by instituting an appeal under Section 107 of the Maharashtra Goods and Services Tax Act ("MGST Act").

2.

Accordingly, we grant leave with liberty as prayed for. 3.

All contentions of all the parties are left open. 4.

The learned counsel for the petitioner states that such appeal will be instituted within four weeks from today. If such appeal is indeed instituted within four weeks along with other statutory compliances, the Appellate Authority must dispose of the appeal on its own merits by considering the fact that this petition was instituted on 9 September 2024 and was pending till today.

5.

The petition is disposed of with liberty as prayed for. There shall be no order as to costs.

(Jitendra Jain, J.) (M. S. Sonak, J.)