Federal Express Transportation And Supply Chain Services Pvt. Ltd. And ANR v. Office Of The Inspector M C K East Ward License Dept And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4363 OF 2021 FEDERAL EXPRESS TRANSPORTATION AND ) SUPPLY CHAIN SERVICES PVT. LTD. & ANR. )...PETITIONERS V/s.

OFFICE OF THE INSPECTOR M C K EAST ) WARD LICENSE DEPARTMENT & OTHERS )...RESPONDENTS Mr.Karl Tamboly a/w. Ms.Kirti Vagal i/b. India Law LLP, Advocate for the Petitioner.

Mr.Santosh Parud i/b. Mr.Aruna Savla, Advocate for the Respondent-MCGM.

Mr.Vinayak Parkar, License Inspector from K West Ward present in Court.

CORAM : A. A. SAYED & S. G. DIGE, JJ DATED : 15th SEPTEMBER, 2021 P.C.:

The Petitioner has impugned the show cause notice dated 11th January 2021 and the letter dated 12th February 2021 of the AVK 1/4

Respondent-Corporation by virtue of which the Petitioners' Trade License has been cancelled.

It is not in dispute that the validity of the license was only upto 15th June 2021. The Petitioners have already made Applications for restoration and revalidation of the license thrice. The first time the Application was rejected on the ground that the Application was required to be made online. Thereafter, Petitioners had made such Applications twice. However, on both occasions, the Applications were not been considered favourably on the ground that some documents had not been furnished by the Petitioners along with the Application. Learned Counsel for the Petitioners, however, states that he had submitted all the necessary documents and if any further documents were required, the Petitioners were willing to furnish the same. Having heard the learned Counsel for the Petitioners and the learned Counsel for the Respondent-Corporation, we pass the following order :

AVK 2/4

ORDER

i) The Petitioners shall within three days from today furnish an Undertaking to this Court that henceforth the Petitioners shall not in any manner deny access and inspection of the license to any duly authorised Officer of the RespondentCorporation. ii) We record the statement of the learned Counsel for the Respondent-Corporation on instructions from Mr.Vinayak Parkar, License Inspector, K West Ward, that the list of documents as required by the Respondent-Corporation to process the proposed online Application of the Petitioners shall be furnished to the Advocate for the Petitioners by 18th September 2021.

iii) The Petitioners shall make a fresh online Application for restoration and revalidation of the license. If such Application is made within one week from today, the same AVK 3/4

shall be decided within a period of one week from the receipt of the Application.

iv) We record the statement of the learned Counsel for the Respondent-Corporation, on instructions, that no coercive steps shall be taken against the Petitioners until 5th October 2021.

v) The Petition to stand disposed of in the aforesaid terms. vi) List the Petition for directions on 5th October 2021 for reporting compliance.

(S. G. DIGE, J.) (A. A. SAYED, J.) Digitally signed by ARTI VILAS KHATATE Date:

2021.09.16 19:03:17 +0530 ARTI VILAS KHATATE AVK 4/4