Vipin Mahajan Of Delhi And ORS. v. The Union Of India Through The Secretary And ORS.

906-WP.4583.2017.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4583 OF 2017 Vipin Mahajan and Ors.

} Petitioners versus The Union of India and Ors.

} Respondents Mr. Pradeep Sancheti - Senior Advocate with Mr. Prakash Shah, Mr. Saurabh Kirpal and Ms. Manali Singhal i/b. M/s.

PDS Legal for the petitioners.

Mr. Pradeep S. Jetly for the respondents.

CORAM :- S. C. DHARMADHIKARI & PRAKASH. D. NAIK, JJ.

DATED :- APRIL 18, 2017 P.C. :- 1.

After the writ petition was argued for some time and considering the preliminary objection raised to its maintainability by Mr. Jetly, which we found to be valid and sound, we are of the opinion that this writ petition deserves to be dismissed. 2.

It additionally deserves to be dismissed because it is brought at the stage of adjudication of the show cause notice dated 31st August, 2016. We have no doubt in our mind that all contentions based on the grounds in this writ petition or otherwise available in law can be raised before the tribunal in J.V.Salunke,PA

906-WP.4583.2017.doc appeal and in the event the tribunal, beyond noting them, does not deal with them or rejects them, in further appeal, including to this court, the petitioners can very well contend that such of these grounds, which would go to the root of the adjudication having been rejected, the adjudication is flawed completely. We keep all contentions of both sides open and dismiss the writ petition subject to above.

(PRAKASH.D.NAIK, J.) (S.C.DHARMADHIKARI, J.) J.V.Salunke,PA