Bombay High CourtWP/10066/2024disposed off

M/S Samrat Medical And Genral Stores Thr. Its Proprietor Reena A. Singh v. Assistant Commissioner Food And Drugs Administration And ANR

2024-07-23Hon'Ble Shri Justice B.P. Colabawalla , Hon'Ble Shri Justice Firdosh Phiroze Pooniwalla2 pages

8.wp.10066.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10066 OF 2024 M/s Samrat Medical and General Stores .. Petitioner

Versus

Assistant Commissioner Food and Drugs Administration & Anr .. Respondents Mr. Rushikesh Kekan, Advocates for the Petitioner. ANJALI TUSHAR ASWALE ANJALI TUSHAR ASWALE Date: 2024.07.24 16:06:50 +0530 Mr.A. I. Patel, Addl.G.P.with Ms.P. N. Diwan, AGP, for the Respondent/State.

CORAM: B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ.

DATE:

JULY 23, 2024 P. C.

The above Writ Petition is filed seeking a writ of mandamus to Respondent No.2 to decide the Appeal dated 18th June, 2024 filed by the Petitioner as expeditiously as possible and in a time bound manner. The learned AGP appearing on behalf of the Respondents, on instructions, has stated that the Appeal filed by the Petitioner shall be heard and decided within a period of 30 days from today. JULY 23, 2024 Aswale

8.wp.10066.24.doc Accepting the aforesaid statement, we dispose of the above Writ Petition by directing Respondent No.2 to decide the Appeal of the Petitioner dated 18th June, 2024 as expeditiously as possible and in any event on or before 22nd August, 2024. In the meanwhile, and without prejudice to the rights and contentions of the parties, till the decision of the aforesaid Appeal, the suspension order, and which is the subject matter of the Appeal, shall remain stayed.

Needless to observe that in the event the Petitioner fails in its Appeal, it would be certainly within the powers of the Appellate Authority to modify the period of suspension and impose a future period of suspension on the Petitioner, if it so chooses to do. All contentions of the parties in the pending Appeal are expressly kept open.

The Writ Petition is accordingly disposed of. No order as to costs. This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.] JULY 23, 2024 Aswale