Konica Minolta Healthcare India Pvt. Ltd. v. Union Of India And 3 Others

sjs 11-WP-1762.2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1762 OF 2014 Konica Minolta Healthcare India Pvt. Ltd.

.... Petitioner Vs.

Union of India & Others .... Respondents Mr. H.G. Dharmadhikari with Ms Lalita S. Phadke for the Petitioner.

Mr. Pradeep S. Jetly for the Respondents.

CORAM: S.C. DHARMADHIKARI & G.S. KULKARNI, JJ.

DATE: AUGUST 10, 2015 P.C:

1.

The petitioner apprehends that it may be compelled to make payment or deposit any sum without due adjudication by the Department/Revenue.

2.

The petition is filed only on this apprehension. Further, a copy thereof was served on the respondents privately.

sjs 11-WP-1762.2014 They have appeared and Mr. Jetly, the learned counsel, on taking instructions, states that the respondents shall not recover any amount as apprehended under coercion or by force but would initiate recovery measures only after the process of adjudication is concluded and an order in original is passed on issuance of a show cause notice. All legal steps would be taken before any recovery and by coercive means.

3.

In the circumstances, there is no basis for this apprehension and as entertained by the petitioner, more so, after this clarification from the respondents. The writ petition is, therefore, disposed of.

(G.S. KULKARNI, J.) (S.C. DHARMADHIKARI, J.)