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Gujarat High Court

Rays Power Infra Limited vs Union Of India on 8 April, 2025

Author: Bhargav D. Karia

Bench: Bhargav D. Karia

                                                                                                                     NEUTRAL CITATION




                               C/SCA/4487/2025                                         ORDER DATED: 08/04/2025

                                                                                                                      undefined




                                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                        R/SPECIAL CIVIL APPLICATION NO. 4487 of 2025

                        ==========================================================
                                                        RAYS POWER INFRA LIMITED
                                                                 Versus
                                                          UNION OF INDIA & ORS.
                        ==========================================================
                        Appearance:
                        MR SHREYANG S VAYEDA(10917) for the Petitioner(s) No. 1
                        MR PRADIP D BHATE(1523) for the Respondent(s) No. 1,2,3,4
                        ==========================================================

                          CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA
                                and
                                HONOURABLE MR.JUSTICE D.N.RAY

                                                             Date : 08/04/2025
                                                              ORAL ORDER

(PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA)

1. Heard learned advocate Mr. Prateek Kedawat for learned advocate Mr. Shreyang Vayeda for the petitioner and learned advocate Mr. Shashvat Shukla for the respondents.

2. Learned advocate Mr. Prateek Kedawat, under instructions, seeks permission to withdraw this petition so as to enable the petitioner to raise all the contentions which are raised in this petition before Page 1 of 3 Uploaded by JYOTI V. JANI(HC00213) on Wed Apr 09 2025 Downloaded on : Wed Apr 09 22:23:22 IST 2025 NEUTRAL CITATION C/SCA/4487/2025 ORDER DATED: 08/04/2025 undefined the appellate authority by challenging the Order-in-original availing alternative efficacious remedy. Learned advocate Mr. Kedawat further prays that the time spent by the petitioner before this Court may be treated as bona fide for issue of delay, if any, in preferring appeal. It was further submitted that the petitioner shall file an appeal as per the provisions of section 107 of the Central/State Goods and Service Tax Act,2017 within a period of two weeks from today challenging the impugned Order-in-original.

3. Without entering into the merits of the matter, the petition is disposed of as not pressed at this stage. The appellate authority to consider the time spent by the petitioner as bona fide for Page 2 of 3 Uploaded by JYOTI V. JANI(HC00213) on Wed Apr 09 2025 Downloaded on : Wed Apr 09 22:23:22 IST 2025 NEUTRAL CITATION C/SCA/4487/2025 ORDER DATED: 08/04/2025 undefined consideration of the issue of delay in preferring the appeal if the petitioner files appeal within two weeks from today. The petition is disposed of.

(BHARGAV D. KARIA, J) (D.N.RAY,J) JYOTI V. JANI Page 3 of 3 Uploaded by JYOTI V. JANI(HC00213) on Wed Apr 09 2025 Downloaded on : Wed Apr 09 22:23:22 IST 2025