Raskamal Food And Fruits Pvt. Ltd. (1. Kirit P. Vyas 2) Smt. Jyoti K. Vyas, Directors) v. Secretary Department Of Finance, Govt. Of Maharashtra And 2 ORS.

1 of 2 RPW.34.2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION REVIEW PETITION NO.34 OF 2013 IN WRIT PETITION NO.537 OF 2013 Raskamal Food and Fruits Pvt.Ltd. & another Petitioner versus The Secretary, Department of Finance Government of Maharashtra and others Respondents Smt.Jyoti K. Vyas, petitioner no.2 in person. Smt.Imam K. Calcuttawala, AGP for Respondents 1 and 3 State. CORAM : MOHIT S. SHAH, C.J. AND M.S.SANKLECHA, J.

DATE : 7 August 2015 PC :

Writ Petition No.537 of 2012 was dismissed on 12 July 2013 and the order was uploaded on 23 July 2013. It was dismissed on the ground that petitioners have an alternative remedy available against the order of Tribunal. 2.

It is contended by the review petitioner that the alternate remedy has become time barred.

3.

We have heard learned counsel for the respondents. In response to a suggestion given by the Court,the learned AGP states

2 of 2 RPW.34.2013 that if the petitioners avail of the alternative remedy, no objection on the ground of limitation will be raised, provided the petitioners take necessary steps within 4 weeks from today. 4.

We, accordingly, direct that if the petitioners avail of alternate remedy within four weeks from today, the same shall be entertained by the appropriate forum without raising the objection of limitation.

5.

The review petition is, accordingly, disposed of. (CHIEF JUSTICE) (M.S.SANKLECHA, J.) MST