Centrient Pharmaceuticals India Private Limited Formerly Known As Dsm Sinochem Pharmaceuticals Indi v. The State Of Maharashtra And ANR

Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.159 OF 2019 IN WRIT PETITION NO.2508 OF 2018 a/w WRIT PETITION NO.2508 OF 2018 Centrient Pharmaceuticals India Private ] Limited formerly known as DSM ] Sinochem Pharmaceuticals India ] Pvt. Ltd.

] Applicant/Petitioner Vs.

The State of Maharashtra and another ] Respondents .....

Mr. Jitendra Motwani, Ms. Virangana Wadhawan, Mr. Sri Sabari Rajan and Mr. Raghav Khandelwal i/b Economic Laws Practice, for Petitioner.

Mr. V.A. Sonpal, Special Counsel a/w Ms. Jyoti Chavan, A.G.P, for Respondents No.1 and 2.

.....

CORAM : K.R. SHRIRAM AND PRITHVIRAJ K. CHAVAN, J.J.

DATE : 13th JUNE, 2022.

P.C.

1.

Further to order dated 6th June, 2022, Mr. Motwani states that further affidavit of Mr. Rohan Dheman, authorized representative of petitioner affirmed on 10th June, 2022 is being filed. SHAILAJA SHRIKANT HALKUDE SHRIKANT HALKUDE Date: 2022.06.14 15:27:55 +0530

2.

Mr. Sonpal confirms having received copy of affidavit. 3.

Though Chamber Summons bearing No.159 of 2019 is not on board, by consent said Chamber Summons is taken on board. Registry to take on record affidavit of Mr. Rohan Dheman. 4.

Having considered the said affidavit and in view of no objection stated by Mr. Sonpal for allowing amendment application, Chamber Summons is allowed in terms of prayer clause (a). 5.

In further affidavit of Mr. Rohan Dheman at paragraph 9, it is also stated that refund amount would be "Rs.6,75,84,865/-" instead of "Rs.7,16,45,133/-". Registry to permit amendment to the petition to that extent as well.

6.

Amendment to be carried out and amended petition to be served within one week.

7.

Chamber Summons disposed of.

8.

If respondents wish to file any reply, same to be filed and copy served within two weeks thereof.

9.

Mr. Sonpal states that when Chamber Summons was pending, petition came to be admitted and, therefore, Court may proceed on the basis that amended petition as per amendment has been admitted and Court will list the petition for final hearing. Respondents waive service.

10. Petition be listed for final hearing on 28th July, 2022.

11. Ad-interim relief, if any, to continue until next date. [PRITHVIRAJ K. CHAVAN, J.] [K.R. SHRIRAM, J.]