Unimax Chemicals Private Limited v. Union Of India And ORS
22.wp.799.2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.799 OF 2025 Unimax Chemicals Private Limited .. Petitioner
Versus
Union of India & Ors.
.. Respondents Mr.Roshil Nichani a/w Ansh Desai i/b Pythagoras Legal, Advocates for the Petitioner.
Digitally signed by UTKARSH KAKASAHEB BHALERAO Date:
2025.01.20 18:10:57 +0530 UTKARSH KAKASAHEB BHALERAO Mr.Jitendra Mishra a/w Sangeeta Yadav, Umesh Gupta Advocates for Respondents.
CORAM
:B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.
DATE : JANUARY 20, 2025 P. C.
1.
Mentioned. Taken out of turn.
2.
In the above Writ Petition what is challenged is the show cause notice dated 2nd August 2024. It appears that after the show cause notice was issued and after the Petition was filed, an adjudication order has also been passed. The learned advocate appearing on behalf of the Petitioner therefore submitted that instead of amending the above Petition he would like to withdraw the above Writ Petition with liberty JANUARY 20, 2025 Utkarsh
22.wp.799.2025.doc to file afresh also a including challenge to the adjudication order. When we inquired from the learned advocate as to why the appellate remedy is not available to the Petitioner, he submitted that the issue raised in the above Writ Petition challenging the show cause notice, as well as now the adjudication order, is already pending in this Court in several other Writ Petitions and which are slated to come up on 4th February 2025. He, therefore, sought leave to file a fresh Petition. 3.
Considering these peculiar circumstances, and keeping the argument of alternate remedy open, we allow the Petitioner to withdraw the above Writ Petition with liberty to file a fresh Petition to also include a challenge the adjudication order passed on the show cause notice dated 2nd August 2024.
4.
The Writ Petition is accordingly disposed of. However, there shall be no order as to costs.
5.
Personal Assistant of this Court. All concerned will act on production by [SOMASEKHAR SUNDARESAN,J.] [B.P. COLABAWALLA,J.] JANUARY 20, 2025 Utkarsh