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Patna High Court

Central Excise PatnaversusBImal Kumar Nopany

Decided
Disposal
DISPOSED

Holding

The appeal is dismissed as withdrawn.

Summary

The appellant, Commissioner of Central Excise Patna, filed a miscellaneous appeal (No. 72 of 2020) before the Patna High Court. During the proceedings, the appellant's counsel, Mr. Anshuman Singh, submitted an application seeking withdrawal of the appeal, stating that the appellant no longer wished to pursue the matter. The court considered the request to determine whether a pending appeal could be withdrawn at that stage of the proceedings. Finding no substantive objection to the withdrawal, the court dismissed the appeal as withdrawn. Consequently, the appeal was closed without any further adjudication on the merits.

Issues considered

  • Whether an appeal pending before the High Court can be withdrawn upon the appellant's application?

Subjects

  • withdrawal of appeal
  • procedural law
  • high court jurisdiction
  • appeal dismissal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Miscellaneous Appeal No.72 of 2020
                  ======================================================
                  Commissioner of Central Excise Patna (now Known as Commissioner,
                  Central GST and CX, Patna 800001, Bihar.

                                                                            ... ... Appellant/s
                                                  Versus
                  Bimal Kumar Nopany, 12, Govt. Place, East, 2nd Floor, Kol-69.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :       Mr. Anshuman Singh, Adv.
                  For the Respondent/s   :       Mr.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
                          and
                          HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
                                        ORAL ORDER

                  (Per: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI)

10   25-06-2026                 It is submitted by Mr. Anshuman Singh, learned

                    Advocate appearing on behalf of the appellant, that the appellant

                    has filed an application for withdrawal of the instant appeal as

                    he does not want to proceed with the appeal.

                                2. Considering such aspect of the matter, this appeal

                    stands dismissed as withdrawn.



                                             (Bibek Chaudhuri, J)


                                             (Rana Vikram Singh, J)
Supratim/
Smriti-

U


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