Index India Private Limited v. Union Of India Thr Secretary And ORS

2024:BHC-AS:41064-DB SAYYED 15-WP.14254.2024.DOCX

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.14254 OF 2024 Index India Private Limited

...Petitioner

Versus

Union of India & Ors.

...Respondent

______________ Mr. Arun Jain i/b. Mr. Kartik Vig for Petitioner. Mr. Siddharth Chandrashekhar for Respondents. ______________

CORAM

M.S. Sonak & Jitendra Jain, JJ.

DATED:

16 October 2024 PC:- 1.

Heard learned counsel for the parties.

2.

The challenge in this petition is to the order dated 20 April 2024 made by Respondent No.3, interalia imposing a redemption fine on the Petitioner.

3.

Mr. Chandrashekhar, learned counsel for the Respondents refers to the decision of the Hon'ble Supreme Court in The State of Maharashtra & Ors. Vs. Greatship (India) Limited1 and submits that since the Petitioner has alternate remedy by way of an appeal, this Court, ought not to entertain the present petition. 4.

Mr. Chandrashekhar, states that should an appeal is instituted within four weeks from today, the Respondents will not object to such appeal being heard on merits.

2022 SCC OnLine SC 784

SAYYED 15-WP.14254.2024.DOCX 5.

The learned counsel for the Petitioner states that an appeal will be instituted within four weeks from today. Accordingly, if appeal is indeed instituted within four weeks from today, the Appellate Authority must decide the same on merits.

6.

All contentions of all parties on merits are however left open. 7.

The petition is disposed of in above terms without any costs order.

8.

All concerned to act on an authenticated copy of this order. (Jitendra Jain, J) (M.S. Sonak, J) Signed by: Sayyed Saeed Ali Designation: PA To Honourable Judge Date: 21/10/2024 16:39:49