INTERNATIONAL METRO CIVIL CONTRACTORS Vs. COMMR OF SALES TAX
LAWS(DLH)-2007-7-54
HIGH COURT OF DELHI
Decided on July 27,2007

INTERNATIONAL METRO CIVIL CONTRACTORS Appellant
VERSUS
COMMR. OF SALES TAX Respondents

JUDGEMENT

Thakur, J. - (1.) Mr. Bhardwaj, learned senior counsel for the respondents submits that the respondents have already withdrawn the impugned notice dated 21st February, 2006 and issued a fresh notice dated 18th July, 2007 which has already been served upon the petitioner. He further states that since notice dated 7th February, 2007 issued after the filing of this petition was also in continuation of the earlier notice dated 21st February, 2006, the withdrawal of notice dated 21st February, 2006, must necessarily mean that the subsequent notice dated 7th February, 2007 has also been withdrawn. In that view therefore, this writ petition has become infructuous according to Mr. Bhardwaj and could be dismissed as such.
(2.) Learned counsel for the petitioner submits that the petitioner has received notice dated 18th July, 2007 and that if the petition is disposed of as infructuous, the petitioner should be given the liberty to challenge the said subsequent notice on all such grounds as may be legally open to it. We see no reason to decline that limited prayer.
(3.) We accordingly dismiss this petition as infructuous with liberty to the petitioner to file a fresh petition challenging notice dated 18th July, 2007 on all such grounds as may be otherwise open to the petitioner.;


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