Nirmal International Thr Its Manageing Partner v. State Of Maharashtra Thr The Chief Secretary Ministry Of Food And Drugs And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 18546 OF 2024 LAXMI SUBHASH SONTAKKE Nirmal International .. Petitioner LAXMI SUBHASH SONTAKKE Date: 2024.12.12 17:15:05 +0530

Versus

State of Maharashtra & Ors.

.. Respondents Adv. Anand Kumar i/b. Daulat Jehangir for the Petitioner. Adv. V. R. Raje, AGP for the Respondents.

CORAM:

B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE:

P. C.

1.

The above Writ Petition is filed seeking a direction to Respondent No.2 to hear and decide the Appeal dated 29th November, 2024 filed by the Petitioner as expeditiously as possible and in a time bound manner. The further interim relief sought is that this Court be pleased to stay the operation, implementation and execution of the impugned order dated 25th September, 2024 passed by Respondent No.3. By the impugned order, the license of the Petitioner is suspended for the period of 30 days commencing from 7th January, 2025.

2.

When we enquired from the learned AGP appearing for the Respondents, she stated that she does not have any instruction as to within how much time the Appeal would be disposed of. She submitted that reasonable time be fixed for disposal of the Appeal filed by the Petitioner before Respondent No.2.

3.

Considering these circumstances, we dispose of the above Writ Petition by directing that the Appeal filed by the Petitioner shall be heard and disposed of by Respondent No.2 as expeditiously as possible, and preferably within a period of four months from today.

4.

In the meanwhile, and without prejudice to the rights and contentions of the parties, till a decision of the aforesaid Appeal is rendered, the effect, implementation and execution of the impugned order dated 25th September, 2024 and which is the subject matter of the Appeal, shall remain stayed.

5.

It is needless to clarify that in the event the Petitioner fails in its Appeal, it will certainly be within the powers of the Appellate Authority to pass whatever order it deems fit.

6.

All contentions of the parties in the pending Appeal are expressly kept open. We make it clear that we have not opined on the merits of the matter, one way or the other.

7.

The Writ Petition is accordingly disposed of. No order as to costs. 8.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [SOMASEKHAR SUNDARESAN, J.] [B. P. COLABAWALLA, J.]