2021 (8) TMI 1351 - HC - Service Tax

Maintainability of petition - separate cause of action distinct from the one on which the writ petition was structured - HELD THAT - This writ petition has become infructuous in view of passing of the Order in Original on 05.03.2021 that arguably constitutes a separate cause of action distinct from the one on which the writ petition was structured and therefore, liberty is reserved to the petitioner to lay a challenge thereto, in accordance with law. To facilitate such a challenge being laid, the respondents are directed not to take any precipitatory action pursuant to the said order for a period of four weeks. Petition disposed off.

Summary

The High Court of Karnataka disposed of a writ petition as infructuous due to a separate cause of action arising from an Order in Original passed on 05.03.2021. The petitioner is granted liberty to challenge the Order, with a direction for the respondents not to take any precipitatory action for four weeks. All contentions are kept open, and no costs are awarded.