Melzer Chemicals Pvt. Ltd. v. Paxchem Ltd. And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1455 OF 2018 IN WRIT PETITION NO. 11798 OF 2017 Melzer Chemicals Pvt. Ltd.

..Applicant.

In the matter between Paxchem Limited and Another.

..Petitioner.

Versus

Union of India & Others.

..Respondents.

Mr. Sourabh Kapoor, Mr. R. N. Gaonkar I/b Ashok Singh for the Applicant.

Mr. Kevic Setlwad, Senior Advocate with Mr. Anupam Surve, Nikhil Mehta, Ms. Pratibha Lobo I/b Nanu Hormasjee & Co., for the Petitioner.

Mr. P. S. Jetly with Mr. J. S. Saluja for the Respondent - Union of India. Coram : RANJIT MORE & SMT. ANUJA PRABHUDESSAI, JJ.

Date : July 17, 2018.

P. C. :

1.

The Applicant is competitor of the Petitioner in Writ Petition No. 11798 of 2017. The order impugned in the petition is about the cancellation of NoC granted in favour of the Petitioner. The Petitioner approached this Court mainly raising grievance that impugned order is passed without following the principles of natural justice.

2.

In above circumstances, we find that the Applicant is not proper nor necessary party to the above petition. The Applicant's patilsr 1 / 2

presence is not required in adjudicating the above writ petition. In that view of the matter, we are not inclined to entertain this application. Application is accordingly rejected. [SMT. ANUJA PRABHUDESSAI, J.] [RANJIT MORE, J.] patilsr 2 / 2