M/S. Indi Pharma Pvt. Ltd., Thr. Its Director, Antonio Xavier Paulo Fernandes v. Union Of India, Thr. The Secretary, Ministry Of Chemical And Fertilizers And 3 ORS

2025:BHC-GOA:833-DB MCA 103 of 2025 Maria S.

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO.103 OF 2025 M/S. INDI PHARMA PVT. LTD., THR.

ITS DIRECTOR, ANTONIO XAVIER PAULO FERNANDES ... APPLICANT

Versus

UNION OF INDIA, THR. THE SECRETARY, MINISTRY OF CHEMICAL AND FERTILIZERS AND 3 ORS ... RESPONDENTS Mr S. M. Singbal, Advocate for the Applicant. Mr Pravin N. Faldessai, Deputy Solicitor General of India for the Respondents.

CORAM:- BHARATI DANGRE & NIVEDITA P. MEHTA, JJ.

DATED :- 29th April, 2025 P.C.

Writ Petition No.84/2021 was filed raising a challenge to the order passed by the National Pharmaceutical Pricing Authority, and also the demand notice dated 28.01.2020 issued by the Head of Taluka Revenue Office, Tiswadi Taluka, Panaji Goa.

2. The present application is filed since the Petitioner Company is intending to close down its operations in India and propose to wind up the affairs of the Company in accordance with the prevailing provisions, and therefore, the withdrawal of the Petition is sought. 29th April, 2025

MCA 103 of 2025 However, the application proceed to state that while the Petition was filed, ad-interim relief was granted, thereby staying the demand notice subject to the Petitioners depositing the entire demand notice amount under it, i.e. to the tune of Rs.24,49,519/- (Rupees Twenty Four Lakhs Forty Nine Thousand and Five Hundred and Nineteen only) within a period eight weeks from the date of the order. It is therefore prayed in the application that while the Petition is permitted to be withdrawn, this amount may be appropriated towards the demand notice dated 28.01.2020.

3. Having heard the learned Counsel for the Petitioner/Applicant and the Counsel appearing for the Respondents, we permit the withdrawal of the Writ Petition No.84/2021 and at the same time we direct that the amount deposited in this Court pursuant to the order dated 25.11.2020, the sum of Rs.24,49,519/- (Rupees Twenty Four Lakhs Forty Nine Thousand and Five Hundred and Nineteen only) along with the interest, if any, accrued thereon shall be permitted to be withdrawn by the Respondent No.4 - Head of Taluka Revenue Office, Tiswadi Taluka, Panaji-Goa, to be transmitted to the Respondent No.2 and 3 in the wake of the impugned demand notice dated 28.01.2020. The application is made absolute in the aforesaid terms. NIVEDITA P. MEHTA, J.

BHARATI DANGRE, J.

Signed by: MARIA SUZANA REBELLO Designation: Personal Assistant Date: 30/04/2025 10:07:56 29th April, 2025