M/S The Indian Hotels Company And ANR v. The Joint Director, Directorate Of Enforcement And ORS

ASN 1/2 wp-1433-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINRY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1433 OF 2014 M/s. The Indian Hotels Company Ltd. and anr.

...Petitioners.

vs.

The Joint Director, Directorate of Enforcement and ors. ... Respondents.

Mr.Amit Desai, Sr. Advocate with Mr. Shyam Mehta, Sr. Advocate i/by Crawford Bayley & Co. for the Petitioners. Mr. A.J. Rana,Sr.Advocate with Mr. Pradeep S. Jetly and Mr.Salil Shah i/by Mr.G.Hariharan for the Respondents. CORAM : S.C. DHARMADHIKARI AND S.P. DESHMUKH, JJ.

DATE : 09 MARCH, 2015 PC:

After arguing this petition for some time Mr. Amit Desai, learned Senior Counsel appearing on behalf of the petitioners on instructions of the petitioners seeks leave to withdraw the petition with liberty to raise all contentions as are raised in the present petition before the adjudicating authority while resisting the show cause notice which has been issued to

ASN 2/2 wp-1433-14 the petitioners. The petitioners shall also be entitled to raise all the contentions in support of any pending application which seeks similar relief as is prayed in the present writ petition. 2) In the light of this statement of Mr. Amit Desai, we allow the petitioners to withdraw the petition with liberty as above. We clarify that despite both versions placed before us, we have not expressed any opinion thereon. The parties are at liberty to raise all contentions at an appropriate stage before the appropriate forum.

3) We record Mr. Desai's statement again on instructions that the petitioners would file their replies to the show cause notices by 30 June 2015. If they are filed they should be taken on record and duly considered by the adjudicating authority. (S.P. DESHMUKH, J.) (S.C. DHARMADHIKARI, J.)