M/S. S P Associates v. Union Of India Thru. Secretary And ORS

by MULEY SHUBHAM PRAVINRAO Date:

2025.09.15 13:36:21 +0530 MULEY SHUBHAM PRAVINRAO 19-WP-8055-2025.DOCX Shubham

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8055 OF 2025 M/s. S P Associates

...Petitioner

Versus

Union of India Thru. Secretary & Ors.

...Respondents

______________________________________________________ Mr. Manoj Chauhan (through VC) for the Petitioner. Mr. Shruti Vyas a/w Suman Kumar Das for the Respondents. ______________________________________________________ CORAM : M.S. Sonak & Advait M. Sethna, JJ.

DATED : 10 September 2025 P.C.:- 1.

Heard learned counsel for the parties.

2.

On 22 July 2025, we made the following order:- "PC.:- 1.

Mr. Chauhan, learned counsel for the Petitioner submits that the issue raised in this petition is substantially covered by the order of the Co-ordinate Bench dated 15 January 2025 in Writ Petition (L) No.10908 of 2024 (Atul Automation Private Limited vs. Union of India and Others). Further, he points out that even after the remand by the Tribunal, the adjudication is not yet completed. 2.

Ms. Vyas, learned counsel for the Respondents seeks a short adjournment to obtain instructions on the above two issues. Accordingly, we post this matter on 29 July 2025." 3.

Ms. Vyas today points out that the adjudication is complete and the order in original is also communicated to the Petitioner. Mr.

19-WP-8055-2025.DOCX Chauhan confirms that the Petitioner has received the orders in original. 4.

Ms. Vyas points out that the Petitioner now has a remedy of an appeal to challenge the order in original. Further, she submits that the issue of provisional release will no loner survive now with the order in original has been made and communicated to the Petitioner. 5.

Mr. Chauhan states that the appeal will be filed by the Petitioner within three weeks from today. He however requests for some orders to expedite the hearing of the appeal. He points out that the Petitioner's goods have been confiscated since 2019. 6.

In the peculiar facts and circumstances of this case, we dispose of this Petition by granting the Petitioner liberty to file appeal against the orders in original dated 20 August 2025. Upon the appeal being filed, we request the appellate authority to dispose of the appeal within three months of its institution. All contentions on merits are however left open to be decided by the appellate authority, in the first instance.

7.

The Petition is disposed of in the above terms and with the above directions. No costs.

8.

All concerned to act upon an authenticated copy of this order. (Advait M. Sethna, J) (M.S. Sonak, J.)