M/S Can Pack Sa Through Special Poa Holder Sanjiv Kumar v. The State Of Maharashtra And Others

2025:BHC-AUG:33283-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6327 OF 2020 M/S CAN PACK SA THROUGH SPECIAL POA HOLDER SANJIV KUMAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. R.N. Jain, Advocate for petitioner Mr. R.S. Wani, AGP for State Mr. R.D. Sanap, Central Government Counsel for respondent No.4 ...

CORAM :

SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ.

DATE :

28th NOVEMBER, 2025 ORDER :

.

On instructions from the petitioner - company, learned Advocate Mr. R.N. Jain for petitioner - company seeks permission to withdraw this writ petition with liberty to petitioner - company to avail of an alternate remedy of appeal under Section 26 of the Maharashtra Value Added Tax Act, 2002. Learned Advocate Mr. R.N. Jain referred to an order passed by the Hon'ble Supreme Court in Petition(s) for Special Leave to Appeal (C) No(s.) 10336 2022 titled "M/s. Mestra A.G. Switzerland vs. The State of

WP_6327_2020 Maharashtra and others" and submits that in a similarly situated company, the Hon'ble Supreme Court granted liberty to avail of the remedy of appeal within eight weeks.

This Writ Petition is dismissed as withdrawn with liberty as prayed for on behalf of petitioner - company. If any appeal is filed by petitioner - company, the appellate authority shall keep in mind the provisions under Section 14 of the Limitation Act.

( HITEN S. VENEGAVKAR, J. ) ( SMT. VIBHA KANKANWADI, J. ) agd