M/S. Shree Bhimeshwari Ispat Pvt. Ltd. v. Union Of India Through The Secretary And ANR.

Megha 909_wp_9986, 10556 &1557_2017 w.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9986 OF 2017 M/s. Shree Bhimeshwari Ispat Pvt.

Ltd.

...Petitioner

Versus

Union of India and Anr.

...Respondents

WITH WRIT PETITION NO.10556 OF 2017 M/s. Shree Siddhi Vinayak Ispat Pvt.

Ltd. & Ors.

...Petitioners

Versus

Union of India and Anr.

...Respondents

WITH WRIT PETITION NO.10557 OF 2017 Ambey Vaishno Steels Private Limited

...Petitioner

Versus

Union of India and Anr.

...Respondents

.....

Mr. V.M. Doiphode for the Petitioners.

Mr. Sham Walve for the Respondent No.1.

Mrs. Maya Majumdar for the Respondent No.2.

CORAM : S.C. DHARMADHIKARI AND SMT. ANUJA PRABHUDESSAI, JJ.

DATED: 25th APRIL, 2018.

P.C.:- We have heard both sides. We are not inclined to interfere with an interlocutory order. In the event, the final order and is adverse Megha 1/2

Megha 909_wp_9986, 10556 &1557_2017 w.doc to Petitioners' interest the Petitioners can move an appeal before the Appellate Authority and that is not disputed by the Petitioners counsel. In such an appeal the contention that principles of natural justice have been violated in passing the impugned order can always be raised. We do not think that in the presence of such an alternate efficacious remedy of an appeal we should proceed to entertain these petitions. The Petitioners are aware of such a remedy and yet in paragraphs 16 and 17 of the Petitions they falsely state that they have no other or alternate efficacious remedy save and except filing of these petitions. This is a patently incorrect statement and it is admitted that remedy of appeal is not only alternate but equally efficacious. In view thereof, the Writ Petitions are dismissed.

(SMT. ANUJA PRABHUDESSAI, J.) (S.C. DHARMADHIKARI, J.) Megha 2/2