M/S. Map Chem Pvt. Ltd. v. The Assistant Commissioner Of Food And Drug Administration, Mumbai Zone-5 Circle And ANR

905 - WP. 2314-2020 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No. 2314 OF 2020 M/s. Map Chem Pvt. Ltd.

...

Petitioner Vs.

The Assistant Commissioner of Food and Drug Administration & Anr.

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Respondents *** Mr. Kalpesh Ulhas Patil a/w P. N. Bhanage, for the Petitioner. Mr. A. B. Kadam, AGP for the Respondent - State. *** CORAM : C. V. BHADANG, J.

DATE : MARCH 4, 2020 PC :

1.

The limited relief prayed in this petition is for expeditious hearing and disposal of the appeal and application for stay before the appellate authority and for grant of protection for a limited period. 2.

The learned counsel for the Petitioner has placed reliance on the order dated 20th December, 2019 passed in Writ Petition No. 12498 of 2019, and the order dated 14th October, 2019 passed in Writ Petition No. 11047 of 2019 in order to submit that even after the appeal was dismissed by the Hon'ble Minister, this Court has granted protection.

3.

The licence of the Petitioner has been cancelled permanently, which order is subject matter of challenge before the 1 / 2

905 - WP. 2314-2020 Hon'ble Minister, in which there is an application for stay. It would be appropriate if the appellate authority decides the appeal as well as the application for stay expeditiously. In that view of the matter, the petition is disposed of, directing the appellate authority to decide the appeal, as expeditiously as possible, and preferably within a period of eight weeks from the date receipt hereof. There shall be interim stay to the impugned order for a period of eight weeks from the receipt of this order by the appellate authority. Needless to mention that the appellate authority shall decide the appeal on its own merits and in accordance with law and without being influenced by the grant of interim relief by this Court. The rival contentions of the parties, on merits, are left open.

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The petition is disposed of in the aforesaid terms, with no order as to costs.

Sd/- C. V. BHADANG, J.

Digitally signed by Vinayak P.

Halemath Date:

2020.03.05 10:53:29 +0530 Vinayak P.

Halemath 2 / 2