Metallurgical Products (India) P. Ltd. v. The Government Of India Thru The Secretary, Dept. Of Atomic Energy And ORS

2.WP.10263.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10263 OF 2019 Metallurgical Products (India) Pvt. Ltd.

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Petitioner

Versus

The Government of India & Ors.

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Respondents Mr. Zal Ardhyarujina, Senior Advocate a/w Navsher Kohli and M.S. Bhandari i/b Pranjali Bhandari for the Petitioner.

Ms. Usha Kiran Srivastava i/b Consulta Juris for Respondents. CORAM : S.J. KATHAWALLA AND R.I. CHAGLA, JJ.

DATE : 24 th FEBRUARY, 2020.

P.C. :

Learned Advocate appearing for the Respondents states that the Respondent will by 10th March, 2020 collect, process and dispose of, the radioactive Leach Residue generated in the Petitioner's plant when the contract between the Petitioner and Respondent No.3 was in existence. If the Petitioners are of the view that under the contract they are entitled to raise the invoice on Waghmare

2.WP.10263.19.doc Respondent No.3, they shall do so. If Respondent No.3 is of the view that the Petitioners are not entitled to raise any invoice on them, they shall answer the Petitioner accordingly and in the event of a dispute arising therefrom, the same shall be agitated before the appropriate Court/forum which will be decided on merits with all contentions kept open.

Petition is accordingly disposed of.

Liberty is granted to the Petitioner to file a fresh Petition seeking appropriate relief/s with regard to executing a disposal plan for imports in future.

(R.I. CHAGLA J. ) ( S.J. KATHAWALLA, J. ) Waghmare