Magna Automotive India Private Limited v. Union Of India

rsk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6501 OF 2024 WITH WRIT PETITION NO. 17033 OF 2024 WITH WRIT PETITION NO.6497 OF 2024 WITH WRIT PETITION (ST) NO. 18579 OF 2025 WITH WRIT PETITION (ST) NO.6729 OF 2025 Magna Automotive India Private Limited Through Its Authorized Representative Abhsihek Lahoti ... Petitioner

Versus

Union of India & Ors.

... Respondents WITH WRIT PETITION NO.594 OF 2024 Sangita Shrikant Sonawane & Ors.

... Petitioners

Versus

Union of India & Ors.

... Respondents _______________________________________________ Mr. Bharat Raichandani a/w. Ms. Dhanistha i/b UBR Legal Advocates, for the Petitioner.

Ms. S. D. Vyas, Addl. G. P. a/w. Dr. Dhruti Kapadia, AGP, for the State.

_____________________________________________________

CORAM : M.S. Sonak & Jitendra Jain, JJ.

DATED : 8 July 2025 ( ORAL JUDGMENT: (Per M. S. Sonak, J.) 1.

Heard learned counsel for the parties.

2.

These matters are not on board. However, learned counsel for the parties stated that the issue raised in these Petitions are similar, if not identical to the issue raised in Writ Petition No.14325/2024 which is on board and was disposed of by us today.

3.

Therefore, with the consent of learned counsel for the parties even these petitions were taken on board for disposal.

4.

Mr. Raichandani, learned counsel for the Petitioner submits that the issues raised in this petition are entirely covered by the decision of this Court in M/s. Sundyne Pumps and Compressors India Pvt. Ltd. vs. The Union of India in Writ Petition No.15228 of 2023 decided on 16 June 2025 by the co-ordinate Bench of this Court. Accordingly, He submits that the Rule be made absolute in this petition by granting the petitioner the reliefs prayed for.

5.

Ms. Vyas, on instructions, fairly states that the issues raised are indeed covered by M/s. Sundyne Pumps and Compressors India Pvt. Ltd. (supra). However, she submits that the department is in process of considering challenging this decision before the Hon'ble Supreme Court.

6.

For the present, the decision in M/s. Sundyne Pumps and Compressors India Pvt. Ltd. (supra) holds the plea. 7.

Accordingly, by following the decision in M/s. Sundyne Pumps and Compressors India Pvt. Ltd. (supra), we allow these petitions. In all these petitions except in WP No.6501/2024 Rule is made absolute in terms of prayer clause (a). In WP No.6501 of 2024 Rule is made absolute in terms of prayer clauses (a) and (b).

(Jitendra Jain, J) (M.S. Sonak, J)