M/S. Super Impex v. The Union Of India, Through Secretary, Dept Of Finance, Central Secretariat And ANR

ASWP8175.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8175 OF 2015 M/s. Super Impex ... Petitioner Vs

1. The Union of India & Anr.

... Respondent Mr. Altaf Khan i/b Mr. Nitesh Acharya for the Petitioner. Ms. P.S. Cardozo for the Respondent No.2.

CORAM : S.C. DHARMADHIKARI & B.P. COLABAWALLA, JJ.

MONDAY, 9TH JANUARY, 2017 P.C. :

The writ petition impugns a show cause notice. The challenge is based entirely on factual grounds. This is not a case where the show cause notice is issued without jurisdiction or there is any proof of mala fides in issuance of the same. Once the issue raised before us touches the merits of the allegations in the show cause notice, then, we are not in a position to entertain the writ petition. The law is clear that it is only in exceptional circumstances that a writ petition under Article 226 SRP 1/2

ASWP8175.15.doc of the Constitution of India lies against a show cause notice. Those exceptions are not pleaded, far from being proved. In such circumstances, the writ petition is devoid of merits. It is dismissed.

B.P. COLABAWALLA, J. S.C. DHARMADHIKARI, J. SRP 2/2