Excel Telecom Private Limited v. Union Of India

913-WP-5251-2024-III.DOCX Amol

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 5251 OF 2024 Excel Telecom Pvt Ltd & Anr

...Petitioners

AMOL PREMNATH JADHAV

Versus

Union of India & Ors

...Respondents

______________________________________________________ AMOL PREMNATH JADHAV Date: 2025.10.03 10:33:46 +0530 Mr Chirag Shetty, with Ms Ayush Agarwal, i/b, Economic Law Practice, for the Petitioner.

Mr Karan Adik, for the Respondent.

______________________________________________________

CORAM

M.S. Sonak & Advait M. Sethna, JJ.

DATED:

01 October 2025 ORAL ORDER:- (Per M. S. Sonak, J) 1.

Heard Shetty for the Petitioner and Mr Karan Adik at the request of the Court, appears on behalf of the Respondents. Mr Adik usually appears for the Respondents in these matters. 2.

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

3.

The Petitioner seeks quashing of the impugned Circular dated 25 September 2020 and the order dated 25 April 2024 which is made based upon the impugned Circular dated 25 September 2020.

4.

The Delhi High Court, in the case of M/s AIMS Retail Services Pvt. Ltd. Vs. Union of India & Ors1 is already struck (2025) 2 TMI 596 (Del.)

913-WP-5251-2024-III.DOCX down the impugned Circular and even the Special Leave Petition has been dismissed by the Hon'ble Supreme Court. 5.

Taking cognizance of the above developments, this Court, in its order dated 29 September 2025 disposing of a batch of Writ Petitions in the case of in the case of Karuna Sachin Deora Vs Union of India & Ors2, has taken cognizance of the striking down the impugned Circular dated 25 September 2020.

6.

The relief relating to the quashing of the Circular now stands worked out given the decision of the Hon'ble Delhi High Court and of the Hon'ble Supreme Court.

7.

We have perused the impugned order dated 25 April 2024 which is challenged in this Petition. Though, Mr Adik states that the Petitioner has an alternate remedy, since we find that the impugned order was almost entirely based upon the impugned Circular dated 25 September 2020, which has already struck down, no useful purpose would be served by relegating the Petitioner to alternate remedy. 8.

Accordingly, we also quash and set aside the impugned order dated 25 April 2024. The Rule is disposed of in the above terms. No costs. All concerned to act on an authenticated copy of this order.

(Advait M. Sethna, J) (M.S. Sonak, J) Writ Petition No. 4561 of 2024 and other connected matters