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Bombay High CourtWP/12933/2019disposed off

R.R. Kabel Limited v. The Union Of India Through Secretary Ministry Of Commerce And Industry And ORS

2023-07-31Hon'Ble Shri Justice G. S. Kulkarni,Hon'Ble Shri Justice Jitendra Shantilal Jain3 pages

1 3-wp-8319-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8319 OF 2019 UPL Limited

...Petitioner

Versus

The Union of India & Ors.

...Respondents

WITH WRIT PETITION NO. 12933 OF 2019 R. R. Kabel Limited

...Petitioner

Versus

The Union of India & Ors.

...Respondents

WITH (ORDINARY ORIGINAL CIVIL JURISDICTION) INTERIM APPLICATION NO. 2947 OF 2022 IN WRIT PETITION NO. 2546 OF 2021 JSW Steel Coated Products Limited ...Applicant

IN THE MATTER BETWEEN

JSW Steel Coated Products Limited

...Petitioner

Versus

The Union of India & Ors.

...Respondents

WITH WRIT PETITION NO. 82 OF 2020 RSWM Limited ... Petitioner

Versus

The Union of India & Ors.

...Respondents

--- Mr. Prakash Shah a/w Mr. Suyog Bhave i/b PDS Legal, for the Petitioner in WP No.8319 of 2019, WP No.12933 of 2019 & WP No.2546 of 2021. Mr. Sriram Sridharan, for the petitioner in WP No.82 of 2020. Mr. Vikas Salgia a/w Ms. Priyanka Chavan for the Respondents in WP No.

2 3-wp-8319-2019.doc 8319 of 2019.

Mr. J. B. Mishra a/w Mr. Vikas Salgia, for Respondent Nos.2 to 3 in WP No.12933 of 2019 & respondents in WP No.2546 of 2021. Mr. Ajinkya Jaibhave, for Respondent No.1 / UOI in WP No. 12933 of 2019.

Mr. M. S. Bhardwaj a/w Vikar Salgia, for respondents in WP No.82 of 2020.

--- CORAM : G. S. KULKARNI & JITENDRA JAIN, JJ.

DATE : 31 JULY 2023 P.C.:- 1.

These petitions had remained pending as the proceedings on similar issues arising from the orders dated 21 August 2019 passed in Review Petition (St.) No.23342 of 2018, in regard to orders dated 27 June 2017, passed in Writ Petition No. 6472 of 2017, were assailed by the Respondent / Union of India before the Supreme Court, in Special Leave Petition (Civil) Diary No. 42884 of 2019. We are informed by Mr. Shah and Mr. Shridharan, learned counsel for the petitioners that the said proceedings were heard alongwith Special Leave Petition (Civil) No. 12878 of 2019 in the case Director General Of Foreign Trade Vs. M/s Welldone Exim Pvt. Ltd. & Anr. alongwith a batch of companion matters, arising from the orders passed by different High Courts, and all the Special Leave Petitions filed by the Union of India came to be dismissed by the Supreme Court by

3 3-wp-8319-2019.doc an order dated 18 July 2023.

2.

In this view of the matter, learned counsel for the petitioners would submit that the respondents need to be given the benefit of the notification dated 25 September 2013 [Notification No.43/ (RE-2013/2009-14)] to the petitioner, as already ordered by this Court. 3.

Mr. Mishra, would not dispute as to what has been urged by Mr. Shah. He makes a statement that the benefit shall be made available to the petitioners within a period of 8 weeks from today. In this view of the matter, further adjudication of these petitions is not called for. We accordingly dispose of the petitions accepting Mr. Mishra's statement. 4.

Disposed of. No costs.

5.

Interim application would not survive. It stands disposed of. (JITENDRA JAIN, J.) (G. S. KULKARNI, J.)