Pernod Ricard India Pvt. Ltd., Thr. P.A. Peter Blaze (Cons. Attorney Of Petitioner) v. The Commissioner Of Excise, And 2 ORS

7-WP-122-2022.DOC Niti

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.122 OF 2022 PERNOD RICARD INDIA PVT. LTD., THR. P.A. PETER BLAZE (CONS.

ATTORNEY OF PETITIONER)

...Petitioner

Versus

THE COMMISSIONER OF EXCISE, AND 2 ORS.

...Respondents

Mr. V. Tulzapurkar, Senior Advocate with Mr. A.D. Bhobe and Ms. K. Govekar, Advocates for the Petitioner. Mr. D. Pangam, Adv. General with Mr. P. Arolkar, Addl. Govt. Adv. for Respondent Nos.1 & 2. Mr. S.S. Kantak, Senior Advocate with Mr. S.D. Padiyar, Ms. Mohini V., Ms. Aarti Aggarwal, Mr. P. Talaulikar and Mr. P. Shirodkar, Advocates for Respondent No.3.

CORAM:

DIPANKAR DATTA,CJ & M. S. SONAK, J.

DATED:

28th MARCH 2022 ORAL ORDER :

1.

After hearing progressed to some length, Mr. Tulzapurkar, learned Senior Advocate appearing for the petitioner seeks leave to withdraw this Writ Petition. Further, he seeks liberty on behalf of the petitioner to challenge the order dated 15.03.2022 in an appeal before the Chief Secretary, Government of Goa under Section 40 of the Goa Excise Duty Act, 1964. It is also prayed by Mr. Tulzapurkar that the Chief Secretary may be directed to dispose of the appeal within a particular time frame. 28th March 2022

7-WP-122-2022.DOC 2.

Mr. Pangam, learned Advocate General, appears for the Chief Secretary. He assures the Court that if the petitioner presents an appeal within a fortnight from today, the same would be disposed of as expeditiously as possible, preferably within a month from date thereof after giving hearing to the parties. 3.

In view of the above, the Writ Petition stands disposed of as withdrawn. No costs.

4.

This order shall not preclude the petitioner to present an appeal before the Chief Secretary, Government of Goa, under Section 40 of the Act of 1964 challenging the order dated 15.03.2022 and if the said appeal is presented within a fortnight from date, the Chief Secretary, Government of Goa shall make earnest effort to dispose of the appeal as early as possible as well as in accordance with law within a month of such presentation. 5.

All contentions on merits are left open.

M. S. SONAK, J.

CHIEF JUSTICE HALDANKAR Date: 2022.03.30 11:05:29 +05'30'

NITI K HALDANKAR 28th March 2022