M/S Maersk Line India Pvt Limited v. Union Of India And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (205) CM-3244-CWP-2025 in/and RA-CW-109-2025 in Date of Decision : August 22, 2025 M/s Maersk Line India Pvt. Limited .. Petitioner

Versus

Union of India and others .. Respondents

CORAM:

HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE VIKAS SURI

Present:

Mr. Tushar Jarwal, Advocate, (joined through VC) with Ms. Manpreet Kaur, Advocate, for the petitioner. Mr. Sourabh Goel, Senior Standing Counsel, with Ms. Deify Jindal, Advocate, for the respondents. HARSIMRAN SINGH SETHI J. (ORAL) CM-3244-CWP-2025 Present application has been filed for condonation of delay of 13 days in filing the review application.

Keeping in view the averments made in the application, which are duly supported by an affidavit, the application is allowed. Delay of 13 days in filing the review application is condoned. RA-CW-109-2025

1.

Present review application has been filed for recalling the order dated 23.02.2024 (Annexure A-1) by which, the writ petition was dismissed. 2.

Learned counsel for the applicant-petitioner argues that all the points raised in the writ petition were not taken up for consideration by the Court hence, aggrieved against the said decision, SLP (C) No.5988 of 2024 was preferred by the applicant-petitioner and keeping in view the order passed by the Hon'ble Supreme Court of India dated 05.12.2024, permission was given to get the writ petition restored to address on the legality and validity of the Notification No.9 of 2023 dated 31.03.2023. 3.

Learned counsel for the applicant-petitioner submits that the similar issue came up for consideration before the Coordinate Bench of this Court in CWP No.1138 of 2024 titled as M/s Garg Rice Mills and others vs. State of Punjab and others and other connected cases and as per the decision dated 12.03.2025, the said writ petitions have been disposed of by recording a finding that the issue with regard to the challenge to the Notification No.9/2023 is pending before the Hon'ble Supreme Court of India.

4.

Learned counsel for the applicant-petitioner further submits that large number of the writ petitions raising the issue with regard to the validity of the Notification No.9 of 2023 dated 31.03.2023 are still pending before this Court.

5.

Learned counsel for the respondent-Department does not dispute the fact that with regard to the pendency of the issue raised in the

present petition qua the legality of Notification No.9 of 2023 dated 31.03.2023 in other writ petitions before the Coordinate Bench of this Court. 6.

Keeping in view the totality of the circumstances, the order dated 23.02.2024 (Annexure A-1) is recalled and the writ petition is restored to its original number and status.

7.

Review application stands allowed.

To be listed as per roster.

(HARSIMRAN SINGH SETHI) JUDGE August 22, 2025 (VIKAS SURI) harsha JUDGE Whether speaking/reasoned : Yes Whether reportable : No