Bombay Gymkhana Limited v. The Union Of India , Ministry Of Finance And 3 ORS

9-WP.731.2021 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 731 OF 2021 Bombay Gymkhana Limited } Petitioner versus The Union of India and Ors. } Respondents Mr. Prakash Shah with Mr. Jas Sanghavi i/b. PDS Legal for the petitioner.

Mr. Sham Walve with Ms. Sangeeta Yadav for the respondents.

CORAM :- DIPANKAR DATTA, CJ & G. S. KULKARNI, J.

DATE :- SEPTEMBER 24, 2021 PC :- 1.

Mr. Walve, learned advocate for the respondents does not have any objection to this Bench taking up this writ petition for consideration. In fact, he has placed before us an order dated 14th September 2021 passed by a coordinate Bench of this Court while disposing of Writ Petition (L) No.8592 of 2020 and submitted that the issue raised in this writ petition is covered by such order.

2.

In view thereof, this writ petition stands disposed of on the following terms: - (i) The impugned order at page 21 of the writ petition stands set aside;

(ii) The appropriate authority shall proceed to consider the eligibility of the petitioner to avail the J.V.Salunke,PS

9-WP.731.2021 benefit of the Sabka Vikas (Legacy Dispute Resolution Scheme, 2019 by extending it an opportunity of personal hearing as early as possible but not later than a fortnight from the date of receipt of a copy of this order; and (iii) A fresh order shall be passed in accordance with law and the same will be communicated to the petitioner immediately thereafter.

3.

We make it clear that no opinion is expressed on the merits of the petitioner's claim and all points are left open for being urged before the appropriate authority for a decision by it.

4.

There shall be no order as to costs.

SALUNKE J V by SALUNKE J V Date: 2021.09.24 20:55:50 +0530 (G. S. KULKARNI, J.) (CHIEF JUSTICE) J.V.Salunke,PS