Baramati Agro Limited v. Union Of India

2025:BHC-AS:26134-DB Sayyed 11-WP.19461.2024.docx IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.19461 OF 2024 WRIT PETITION NO.19461 OF 2024 Baramati Agro Limited Baramati Agro Limited ...

...Petitioner

Petitioner

Versus

Versus

Union of India & Ors.

Union of India & Ors.

...

...Respondents

Respondents _____________________________________________________ Mr. Bharat Raichandani (through VC) a/w Mr. Aman Mishra Mr. Bharat Raichandani (through VC) a/w Mr. Aman Mishra i/b. UBR Legal Advocates for the Petitioner.

i/b. UBR Legal Advocates for the Petitioner.

Mr. Siddharth Chandrashekhar a/w Mr. Abhishek Mishra & Mr. Saket Mr. Siddharth Chandrashekhar a/w Mr. Abhishek Mishra & Mr. Saket R. Ketkar for Respondent Nos.3 to 5.

R. Ketkar for Respondent Nos.3 to 5.

_____________________________________________________ CORAM :

M. S. Sonak & Jitendra Jain, JJ.

DATED : 30 June 2025 ORAL JUDGMENT:- (Per M. S. Sonak, J.) 1.

Heard learned counsel for the parties.

Heard learned counsel for the parties.

2.

Rule. The Rule is made returnable immediately at the request Rule. The Rule is made returnable immediately at the request and with the consent of the learned counsel for the parties. and with the consent of the learned counsel for the parties. 3.

Although various prayers have been sought in the petition, the Although various prayers have been sought in the petition, the Petitioner today has only prayed that its representations are not being Petitioner today has only prayed that its representations are not being considered by the Respondents and, therefore, he is seeking appropriate considered by the Respondents and, therefore, he is seeking appropriate writ to the Respondents for consideration of the same. writ to the Respondents for consideration of the same. 4.

Mr. Raichandani, learned counsel for the Petitioner submits Mr. Raichandani, learned counsel for the Petitioner submits that till date Petitioner's representations dated 24 September 2024 and that till date Petitioner's representations dated 24 September 2024 and 2 October 2024 are pending and are not being disposed of. 2 October 2024 are pending and are not being disposed of. 5.

Accordingly, he submits that the Petitioner would be presently Accordingly, he submits that the Petitioner would be presently satisfied if appropriate directions are issued for disposal of these satisfied if appropriate directions are issued for disposal of these representations within a time bound schedule. representations within a time bound schedule.

Sayyed 11-WP.19461.2024.docx 6.

Mr.

Mr. Chandrashekhar Chandrashekhar, learned counsel for the Respondents , learned counsel for the Respondents submits that the Petitioner made payments under the RODTEP Scheme submits that the Petitioner made payments under the RODTEP Scheme voluntarily and without any protest. A closure report dated 27 June voluntarily and without any protest. A closure report dated 27 June 2023 was also made in this matter. Still, the Petitioner's first 2023 was also made in this matter. Still, the Petitioner's first representation was made only on 17 September 2024. He submitted representation was made only on 17 September 2024. He submitted that there is gross delay and laches and, therefore, no relief should be that there is gross delay and laches and, therefore, no relief should be granted to the Petitioner.

granted to the Petitioner.

7.

Mr. Raichandani, on instructions states that the Petitioner, if Mr. Raichandani, on instructions states that the Petitioner, if found eligible for the rebate, will not claim any interest for the period found eligible for the rebate, will not claim any interest for the period between 27 June 2023 and 31 December 2024, since, this petition was between 27 June 2023 and 31 December 2024, since, this petition was instituted only on 22 December 2024. However, he submits that there is instituted only on 22 December 2024. However, he submits that there is no justification for not deciding the Petitioner's representations. no justification for not deciding the Petitioner's representations. 8.

Accordingly, we accept the statement made on behalf of Accordingly, we accept the statement made on behalf of Petitioner regarding interest and direct the concerned Respondent to Petitioner regarding interest and direct the concerned Respondent to dispose of Petitioner's above referred representations in accordance with dispose of Petitioner's above referred representations in accordance with law and on their own merits as expeditiously as possible, in any event law and on their own merits as expeditiously as possible, in any event within three months of the uploading of this order. within three months of the uploading of this order. 9.

Since we have not examined the matter on merits, all Since we have not examined the matter on merits, all contentions of all parties are left open.

contentions of all parties are left open.

10.

The Rule is made absolute in the above terms without any The Rule is made absolute in the above terms without any costs order.

costs order.

11.

All concerned must act on an authenticated copy of this order. All concerned must 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: 01/07/2025 17:46:47