Pratibha Sugar Private Ltd. Authorized Signatory v. Union Of India Thr The Ministry Of Consumer Affairs And ORS

Digitally signed by SHAGUFTA Q PATHAN Date:

2022.05.05 20:08:04 +0530 SHAGUFTA Q PATHAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 45 OF 2022 Pratibha Sugar Pvt. Ltd.

Through its Authorized Secretary

...Petitioners

Versus

Union of India through the Ministry of Consumer Affairs & Ors.

...Respondents

Mr. Nitin Gaware Patil i/b Lokesh Digamberrao Zade for the Petitioners Mr. Yogeshwar Bhate a/w Mr. Pranav Thakur for the Respondent Nos.1 to 3 Mr. R. P. Kadam, A.G.P for the Respondent No.4 Ms. Dakshata Sawant i/b Mr. Parikshit Parab for the Respondent No. 5 CORAM : REVATI MOHITE DERE & MADHAV J. JAMDAR, JJ.

THURSDAY, 5 th MAY 2022 P.C. :

By this petition, the only relief pressed for by the petitioners, is amended prayer clause 30-ee, which reads thus : "30-ee] Issue a writ of mandamus, or any other appropriate writ, order or directions in the nature of writ of mandamus, directing the respondent No. 1 to 3 to decide the 1/3

representation dated 08.02.2022 (Exhibit "V") submitted by the petitioner within stipulated time by giving opportunity of hearing to the petitioner and for that purpose issue necessary orders."

Learned counsel for the petitioners submits that the petitioners had made a representation dated 8th February 2022 to the respondent Nos. 2 and 3 and that the representation is not decided till date. Mr. Bhate, learned counsel appearing for the respondent Nos. 1 to 3, on instructions, states that the alleged representation which is on page 91 of the petition, has not been received by the Authorities. He, however, submits that if a fresh representation is made to the said Authorities, the same will be considered in accordance with law. At this stage, learned counsel for the petitioners states that he will file the same representation again before the said Authorities, within one week from today.

If such a representation is made by the petitioners before the said Authorities i.e. respondent Nos. 2 and 3, the respondent Nos. 2 and 3 to 2/3

decide the said representation as expeditiously as possible and in any event, within 12 weeks from the date of receipt of the said representation. With the above directions, petition is disposed of. It is made clear that we have not gone into the merits of the petition and as such, all contentions of all parties are kept open. All concerned to act on the authenticated copy of this order. MADHAV J. JAMDAR, J.

REVATI MOHITE DERE, J.

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