M/S. Mars Engineering v. Union Of India Thr. Secretary Ministry Of Finance Detp. Of Revenue And ORS

Digitally signed by MEERA MAHESH JADHAV Date:

2022.09.30 16:08:33 +0530 1/3 MEERA MAHESH JADHAV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10880 OF 2022 MUDRA AGENCY GUJARAT ....PETITIONER V/s.

UNION OF INDIA THR THE SECRETARY MINISTRY OF FINANCE DEPT OF REVENUE AND ORS ...RESPONDENTS WITH WRIT PETITION NO.10993 OF 2022 M/S. MARS ENGINEERING ....PETITIONER V/s.

UNION OF INDIA THR THE SECRETARY MINISTRY OF FINANCE DEPT OF REVENUE AND ORS ...RESPONDENTS WITH WRIT PETITION NO.11028 OF 2022 M/S. CHEMKART PROPRIETORSHIP OF SMT. PARUL MEHTA ....PETITIONER V/s.

UNION OF INDIA THR THE SECRETARY MINISTRY OF FINANCE DEPT OF REVENUE AND ORS ...RESPONDENTS ---- Mr. Mohit Prabhakar Dalvi a/w Ms Mallika Agrawal for Petitioners in all the Petitions.

Mr. Karan Adik a/w Mr. Ram Ochani for Respondents. Mr. Iqbal Singh for Respondent No.6.

---- CORAM : K.R. SHRIRAM & A.S. DOCTOR, JJ DATED : 27th SEPTEMBER 2022 P.C. :

WRIT PETITION NO.10880 OF 2022 Heard the counsel.

Mr. Adik stated that petitioner may file representation to the

2/3 concerned authority with necessary documents and the NOC will be issued. But when we pointed out to Mr. Adik that all documents required are forming part of the petition and petition is verified and declared on oath, then why should the NOC be not granted relying on the petition, Mr. Adik in fairness stated that the petition will be considered as representation and the NOC will be issued within such period as the court may direct. Since the petition has already been with respondents for almost a month, the NOC to be issued by 1st October 2022. At this stage, Mr. Adik stated that some of the documents annexed to the petition are not legible. We have informed petitioner's counsel on the previous occasion also to provide legible copy of the documents, still the documents have not been replaced. Petitioner has to pay Rs.

5000 as cost by 30th September 2022 to the High Court Legal Aid Fund, Account No.60045304283, IFSC-MAHB0000002, of Bank of Maharashtra, BranchFort, Mumbai 400 032, maintained by the High Court Legal Services Committee, Mumbai. Room No.105, 1st Floor, PWD Building, High Court, Mumbai. Petitioner to furnish the details of such cost to the High Court Legal Services Committee, Mumbai and obtain the receipt thereof physically or through Email, i.e., hclsc.mumbai@gmail.com which shall be the proof of such payment/deposit. Petitioner shall also provide legible copy of the documents to Mr. Adik by this evening. The NOC to be released to petitioner only upon respondents being satisfied that petitioner has paid the cost of Rs.5000.

3/3 Petition disposed.

WRIT PETITION NO.10993 OF 2022 WITH WRIT PETITION NO.11028 OF 2022 Mr. Dalvi and Mr. Adik state that the same order be passed in these two petitions also.

Ordered accordingly.

Both petitions disposed.

(A. S. DOCTOR, J.) (K.R. SHRIRAM, J.)