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Order - Status 2: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION STAMP NO. 15223 OF 2018 Tetra Park India Pvt. Ltd. ....Petitioner V/S The Union Of India And Ors. ....Respondent Mr Prakash Shah i/b Pds Legal For CORAM : S.C. DHARMADHIKARI & SMT. BHARATI HARISH DANGRE, JJ DATE : 4th June, 2018 P.C. : Mentioned at 11.00 a,m, Place the matter on board for urgent admission on 11/06/2018. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 4: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 6151 OF 2018 Tetra Park India Pvt. Ltd. ....Petitioner V/S The Union Of India And Ors. ....Respondent Mr Prakash Shah, i/b Pds Legal For Petitioner Mr Pradeep S.Jetly a/w D.P.Singh for Respdt. CORAM : S.C. DHARMADHIKARI & SMT. BHARATI HARISH DANGRE, JJ DATE : 11th June, 2018 P.C. : Stand over to 12/06/2018 at 3.00 p.m,. Mr Jetly has tendered affidavit in Court is kept in matter. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6151 OF 2018 Tetra Pak India Pvt. Ltd. } Petitioner versus The Union of India and Ors. } Respondents Mr. Prakash Shah i/b. M/s. PDS Legal for the petitioner. Mr. Pradeep S. Jetly with Mr. D. P. Singh for respondent nos. 1 to 3. CORAM :- S. C. DHARMADHIKARI & SMT. BHARATI H. DANGRE, JJ. DATE :- JUNE 12, 2018 P.C. :- After this writ petition was heard on the earlier occasion and even today, Mr. Jetly, on seeking instructions from the Joint Director General, Foreign Trade, who is also the deponent of the affidavit and present in court, states that the said Joint Director General will grant the petitioner the licences which are subject matter of the petition, namely, licence authorisation under the Export Promotion Capital Goods Scheme (EPCGS) and the Merchandise Exports from India Scheme (MEIS) and allow the petitioner to avail of the benefits of the schemes, that of the Foreign Trade Policy (FTP) 2015-2020. However, this is subject and without prejudice as well to the powers conferred in the Joint Director General of Foreign Trade/Directorate of Foreign Trade under the Foreign Trade (Development and Regulation) Act, 1992. We accept these statements made on instructions by Mr.Jetly as undertakings given to this court. In the light thereof, we are of the opinion that once licences would be granted in pursuance of the petitioner's applications, then, the orders of rejection of these applications made earlier do not survive. They stand quashed and set aside. Needless to clarify that once the above statements are made on behalf of the Union of India, Ministry of Commerce and the Director General and the Joint Director General of Foreign Trade, then, respondent no. 4-Commissioner of Customs, Nhava Sheva shall not preclude or prevent the clearance of the consignments of the petitioner provided the petitioner can seek the benefit of the licences. The communication dated 14th May, 2018 from the Assistant Commissioner of Customs, Nhava Sheva Customs House Exhibit "II" to the petition to stand quashed and set aside. The writ petition is disposed of. (SMT. BHARATI H. DANGRE, J.) (S.C.DHARMADHIKARI, J.)
Respondent-1: The Union Of India
Respondent-2: Ors.
Petitioner-1: Tetra Park India Pvt. Ltd.
Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 4379 of 2005 M/s. Raymond Ltd. .. Petitioners V/s. Union of India & Ors. .. Respondents Mr. V. Shreedharan with Mr. Prakash Shah with Mr. Bharat Raichandani i/b. Mr. Prakash D. Shah for the Petitioners Mr. R.V. Desai, Sr. Counsel with Mr. V.H. Kantharia for the Respondents CORAM : DR. S. RADHAKRISHNAN & J.H. BHATIA, JJ. DATED : 20.07.2005. P.C.:- Heard the learned counsel for the Petitioners and the learned counsel for the Respondents. Rule. The learned counsel for the Respondents waives service. It is made clear that this Petition is admitted only on the issue of "Res Judicata and Consequential Penalty" and it is also made clear that this Petition is not admitted on the main issue of "Valuation". Hearing expedited. (DR. S. RADHAKRISHNAN, J.) (J.H. BHATIA, J.)
Order - Status 11: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4379 OF 2005 AND WRIT PETITION NO.4516 OF 2005 M/s. Raymond Limited … Petitioner Vs. Union of India and others … Respondents Ms. Ginita Bodani i/b. Economic Laws Practice for Petitioner. Mr. J. B. Mishra for Respondents. CORAM : UJJAL BHUYAN & MILIND N. JADHAV, JJ. DATE : JANUARY 27, 2021 P.C. : Heard Ms. Bodani, learned counsel for the petitioner and Mr. Mishra, learned counsel for the respondents. It is seen that against the order-in-original bearing No.26/2001- Commissioner M-VI dated 09.10.2001, petitioner had filed appeal bearing No.E/3850/2001 before the Central Excise and Service Tax Appellate Tribunal, Western Zonal Bench, Mumbai ('CESTAT' hereinafter). Again, assailing the order-in-original bearing No.27/2001- Commissioner M-VI dated 09.10.2001, petitioner had filed appeal bearing No.E/43/02 before the CESTAT. Against the order-in-original No.21/CEX/Commissioner/99 dated 19.05.2019, petitioner had filed yet another appeal before the CESTAT being E/2449/99. First two appeals pertained to the factories of the petitioner situated at Thane whereas the last mentioned appeal pertained to the factory situated at Chhindwara in the state of Madhya Pradesh. All the three appeals were heard together by the CESTAT and were disposed of by the common order dated 08.04.2005. Being aggrieved by the aforesaid order dated 08.04.2005, petitioner has preferred Writ Petition No.4379 of 2005 (A.S.) before this Court which is pending. In the meanwhile, CESTAT modified its order dated 08.04.2005 by subsequent order dated 20.06.2005. This subsequent order has been put to challenge by the petitioner before this Court in Writ Petition No.4516 of 2005 (A.S.). Both the matters are listed today on praecipe filed by learned counsel for the petitioner. It is submitted that Government of India has introduced the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (briefly 'the scheme' hereinafter) for settlement of central excise and service tax disputes which have since been subsumed under the goods and services tax (GST). Petitioner had submitted declaration in respect of the two orders-in-original dated 09.10.2001 pertaining to the factories at Thane. Additionally, petitioner filed declaration under the scheme in respect of the factory at Chhindwara before the designated committee at Chhindwara. In so far the declarations pertaining to Thane factories are concerned, it is submitted that designated committee, Thane has accepted the tax dues declared by the petitioner pursuant to which petitioner has paid the amount determined by the designed committee. However, in so far the declaration pertaining to Chhindwara factory is concerned, the tax dues determined by the designated committee is much in excess of the dues declared by the petitioner and, therefore, the same has been put to challenge by the petitioner before the Madhya Pradesh High Court at Jabalpur Bench in Writ Petition No.7087 of 2020. Learned counsel for the petitioner submits that in so far the disputes pertaining to the orders-in-original both dated 09.10.2001 relatable to the factories at Thane are concerned, the matter has been settled and, therefore, in terms of the scheme, petitioner is required to withdraw the two writ petitions. Learned counsel for the respondents has no objection to the prayer made for withdrawal of the writ petitions. In view of the above, we allow withdrawal of the two writ petitions pertaining to the orders-in-original dated 09.10.2001 relating to the factories at Thane. Accordingly, the writ petitions are disposed of on withdrawal. Refund as per Rules. (MILIND N. JADHAV, J.) (UJJAL BHUYAN, J.) Minal Parab
Order - Status 13: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No.4379 of 2005 WITH WRIT PETITION No.4516 OF 2007 M/s. Raymond Limited ...Petitioner Vs. Union of India and Ors. ...Respondents Ms. Gihita Bodani i/b. Economic Laws Practice for Petition in WP No.4379 of 2005 and WP 4516 of 2007 CORAM:- G. S.KULKARNI, J. RAJESH S. PATIL, J. DATE :- JUNE 9, 2023. P. C.: . Both the Petitions have already been disposed of by this Court, by an order dated 27th January, 2021. Hence removed form the board. (RAJESH S. PATIL, J.) ( G.S. KULKARNI, J. )
1) Document Filed: Vakalatnama
Advocate: Dr.T.C.Kaushik For R.Nos.1 To 4
Filed Document - Date of Receiving - 1: 09/08/2005
2) Document Filed: Vakalatnama
Advocate: Pds Legal
Filed Document - Date of Receiving - 2: 14/02/2019
3) Document Filed: Vakalatnama
Advocate: Shri.Rohit.B. Pardeshi
Filed Document - Date of Receiving - 3: 05/03/2009
4) Document Filed: Vakalatnama
Advocate: J. B. Mishra
Filed Document - Date of Receiving - 4: 07/05/2012
5) Document Filed: Vakalatnama
Filed By : M/S. Raymond Limited
Advocate: Economic Laws Practice
Filed Document - Date of Receiving - 5: 08/01/2021
Respondent-1: Union Of India
Respondent-2: Ors.
Petitioner-1: Raymond Limited
Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE,CIVIL JURISDICTION WRIT PETITION NO.5852 OF 2007 Vardhman Industries Ltd...Petitioners Versus Union of India & Ors. ..Respondents Mr.Prakash Shah for the Petitioners i/b.PDS Legal. Mr. R.V.Desai,Senior Counselwith Mrs.S.V.Bharucha, for the Respondents. CORAM: F.I. REBELLO & S.R.SATHE,JJ. DATED: 16TH AUGUST, 2007 P.C.: . At the request of the learned Counsel for the respondent reply, if advised to be filed within one week. Petitioners to file rejoinder within one week thereafter. Place the matter on board on 30th August, 2007. (S.R.SATHE, J.) (F.I.REBELLO, J.) MGN
Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5852 OF 2007 Vardhman Industries Ltd. V/S. Union Of India And Ors. ...Petitioner ... Respondents Ms. Arya Anil i/b. Mr. Sriram Sridharan for the Petitioner. CORAM : G.S. KULKARNI & RAJESH .S. PATIL, JJ. DATED : 9 th JUNE, 2023 P.C.: Learned counsel for the Petitioner seeks leave to take discharge in this Petition. Stand over to $23^{rd}$ June, 2023. (RAJESH S. PATIL, J.) (G.S. KULKARNI, J.)
Order - Status 11: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5852 OF 2007 …. Vardhman Industries Ltd. .. Petitioner v/s. Union of India And Ors. .. Respondents …. Mr. Sriram Sridharan, i/b. M/s. PDS Legal, for the Petitioner. CORAM: G.S. KULKARNI & JITENDRA JAIN, JJ. DATE : 30th JUNE 2023 P.C:- Mr. Sridharan, learned Counsel for the Petitioner, states that already steps are taken by him to obtain a discharge. Accordingly, as a last chance, stand over to 14th July 2023. Mr. Sridharan to inform the Petitioner of the present order. (JITENDRA JAIN, J.) (G.S. KULKARNI, J.) SMITA JOHNSON GONSALVES Digitally signed by SMITA JOHNSON GONSALVES Date: 2023.07.03 10:47:20 +0530
Order - Status 12: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5852 OF 2007 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None present. CORAM : H. M. BHOSALE REGISTRAR (JUDL-I) Date : 07/07/2023 M/s. PDS Legal, Advocate representing the Petitioner in the present Petition has sought discharge vide preacipe dated 23/06/2023. The Hon'ble Court (Coram : G. S. Kulkarni & Jitendra Jain, JJ) vide order dated 30/06/2023 is pleased to direct the learned Advocate for the Petitioner to inform the petitioner of the order dated 30/06/2023 and the petition is scheduled on 14th July 2023. Therefore, it would be just and proper to place the present petition before the Hon'ble Court on 14th July 2023. Sd/- Registrar (Judicial-I)
Order - Status 49: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5852 OF 2007 Vardhman Industries Ltd. ….Petitioner V/s. Union of India and Ors. .…Respondents ---- Mr. Sriram Sridharan i/b. M/s. PDS Legal for petitioner. None for respondents. ---- CORAM : K.R. SHRIRAM & JITENDRA JAIN, JJ. DATED : 14th JUNE 2024 P.C. : 1 Advocates for petitioner have been discharged pursuant to a chamber order dated 7th July 2023. Nobody else has entered appearance for petitioner. 2 Petition dismissed. (JITENDRA JAIN, J.) (K.R. SHRIRAM, J.)
Respondent-1: Union Of India
Respondent-2: Ors.
Petitioner-1: Vardhman Industries Ltd.