Sify Technologies Ltd. v. The Union Of India And ORS
Trupti 1 17-wp-4564-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4564 OF 2021 Sify Technologies Limited ...
Petitioner
Versus
The Union of India & Ors.
...
Respondents .....
Mr. Makrand Joshi i/b. Max Legal for the Petitioner Mr.Karan Adik with Mr. Ashutosh Mishra for Respondent No.1UOI. Ms. Shruti B. Vyas, 'B' Panel Counsel for Respondent Nos. 2 to 4. ......
CORAM :
NITIN JAMDAR AND GAURI GODSE, JJ.
DATE :
21 NOVEMBER 2022 P.C. :
Heard the learned Counsel for the parties.
2.
A grievance of the Petitioner is that the Petitioner was not given adequate time by Respondent No.4 to approach the appellate authority and letters were issued by Respondent No.4 on 11 August 2021 to Respondent Nos. 5 and 6 -Banks to attach the bank account in respect of the demand raised by the Respondents-authorities. According to the Petitioner, limitation for filing the appeal was extended due to the general order passed by the Hon'ble Supreme Court during Covid-19 Pandemic.
Trupti 2 17-wp-4564-2021.doc 3.
The learned Panel Counsel representing Respondent Nos. 2 to 4 submits that the Petitioner has now filed an appeal, which in fact is accepted by learned Counsel for the Petitioner. The learned Panel Counsel further states that the impugned communications were never further acted upon and therefore, the petition is premature. According to the learned Panel Counsel, the general extension of limitation was not applicable to the case of the Petitioner. 4.
Now that the appeal is filed by the Petitioner, if the Respondents are proceeding to enforce the order / communication which is challenged in the appeal, it is open to the Petitioner to seek appropriate relief from the appellate authority on merits. 5.
In light of this development, it is not necessary to keep the petition pending. The writ petition is accordingly disposed of. (GAURI GODSE, J.) (NITIN JAMDAR, J.) TRUPTI SADANAND BAMNE TRUPTI SADANAND BAMNE Date: 2022.11.28 14:03:58 +0530