Suyog Telematics Ltd v. Union Of India And ORS

906 WP392-24.DOC Mohite

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by TRUSHA TUSHAR MOHITE Date:

2024.01.12 14:59:50 +0530 WRIT PETITION NO. 392 OF 2024 TRUSHA TUSHAR MOHITE Suyog Telematics Ltd.

... Petitioner

Versus

The Union of India & Ors.

...Respondents

Mr.Prakash Shah a/w Mr.Jas Sanghavi and Mr.Suyog Bhave i/b M/s.PDS Legal for the Petitioner Ms.Sangeeta Yadav for the Respondents _______________________

CORAM:

G. S. KULKARNI & FIRDOSH P. POONIWALLA, JJ.

DATED:

11 January, 2024 _______________________ P.C.

1.

We have heard Mr.Shah, the learned counsel for the Petitioner, and Ms.Yadav, the learned counsel for the Respondents, who seeks time. 2.

The grievance of the Petitioner in assailing the Order dated 25th May 2023 being SVLDRS Order No.02/NM/2023-24, (Exhibit 'A'), and the impugned Order in original dated 26th September 2023, passed by the Respondent No.2, is to the effect that, in passing of such Orders, the Committee has in fact relied on the Orders dated 2nd February, 2021 passed by the Division Bench of this Court in Writ Petition (L) No.807 of 2020 wherein this Court, in paragraph 20 of the said Order has categorically held that the Order dated 10th February 2020 be set aside and the matter remanded back to the designated authority to consider the declaration of the Petitioner in terms of the scheme as a valid declaration under the category of "investigation, enquiry and audit" and thereafter granted consequential relief to the petitioner. 11 January, 2024

906 WP392-24.DOC 3.

Mr.Shah has contended that considering the Order dated 25th May 2023 as passed by the Committee, it is ex-facie clear that the Committee has no jurisdiction to question the declaration which was held to be valid by this Court.

4.

Prima facie, we find substance in the contention as urged by the learned counsel for the Petitioner.

5.

Let Ms.Yadav, the learned counsel for the Respondents, take instructions so that further Orders can be passed. In the event Respondents desire to file a short affidavit, that can also be placed on record. 6.

Stand over to 16th January 2024, High on Board. (FIRDOSH P. POONIWALLA, J.) (G. S. KULKARNI , J.) 11 January, 2024