Bharat Aluminium Company Ltd & ANR v. Union Of India & ORS

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4687/2018 BHARAT ALUMINIUM COMPANY LTD & ANR ..... Petitioners Through Mr. P. Chidambaram, Sr. Adv with Ms.

Ranjana Roy Gawai, Ms.

Vasudha Sen, Mr. Arjun Asthana and Mr. Parinay T. Vasandani, Advs.

versus UNION OF INDIA & ORS ..... Respondents Through Mr. Nitish Gupta for Mr. Ravi Prakash, CGSC for R-1 & R-2. with Mr. Kundan from the Department.

Mr. Atul Jha and Mr. Sandeep Jha, Advs for R-3.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 03.05.2018 C.M. Appl No.18021/2018 1.

Allowed, subject to all just exceptions.

W.P.(C) 4687/2018 & C.M. Appl No.18020/2018 2.

Issue notice.

3.

Mr. Nitish Gupta accepts notice on behalf of respondent no. 1 & 2.

4.

Vide this writ petition, challenge is laid to the notice dated 25.04.2018. It is not disputed by the learned counsel for the respondents that issue arising in the instant case is similar to the issue arising in the W.P. (C) No.4655/2018 titled: Hindalco Industries

Limited vs. Union of India and Others. Learned counsel for the respondents says that this Court may pass an order similar to the order passed in W.P. (C) 4655/2018 on 2.05.2018.

5.

Accordingly, the writ petition is disposed of with the following directions:- (i) The petitioner is given liberty to approach the Tribunal within two weeks from today.

(ii) Pending adjudication by the Tribunal, the operation of the impugned communication dated 25.4.2018 shall remain stayed. (iii) In case the decision rendered by the Tribunal is against the interest of petitioner, the said decision will not be enforced for a period of two weeks thereafter.

(iv) It is made clear that if the petitioner does not approach the Tribunal within two weeks from today, the interim protection granted, today, will stand dissolved.

6.

Pending application shall stand closed.

7.

Dasti under signatures of the Court Master.

RAJIV SHAKDHER, J MAY 03, 2018