Nirmal Enterprises Thr. Deepak Shah v. Union Of India Thr. Central Warehousing Corporation Thr. Its Regional Manager And ANR

Digitally signed by RUPALI RAJESH WAKODIKAR Date:

2025.06.24 17:01:37 +0530 RUPALI RAJESH WAKODIKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8149 OF 2025 Nirmal Enterprises Thr. Deepak Shah

...Petitioner

Versus

Union Of India Thr. Central Warehousing Corporation Thr. Its Regional Manager & Anr

...Respondents

Mr. Veer Kankaria for the Petitioner.

Mr. S.R.Soni for the Respondent No.1 / CWC.

Mr. V.S.Dubey (through VC) a/w Mr. A.K.Upadhyay for the Respondent No.2.

CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ.

DATE : 23 rd JUNE, 2025 P.C. :

1.

By this petition, the petitioner seeks a direction to the respondent No.1 - Union of India, through Central Warehouse Corporation, to forthwith, allow the petitioner to take possession and lift its goods (Amla Candy) stocked at the cold storage facility at CFS, Ambad, Nashik.

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2.

Learned Counsel for the respondent No.1, on instructions, states that for a period of four weeks, the stock in question, i.e. Amla Candy will be kept in cold storage and that if payment is not made by the party concerned, appropriate steps will be taken by them in accordance with law.

3.

At this stage, learned Counsel for the respondent No.2 states that the respondent No.2 - RJVM Products LLP has already filed a suit in Delhi against the respondent No.1. 4.

Considering that the petition involves contractual obligations between the parties and disputed questions of fact, we are not inclined to entertain this petition in extraordinary writ jurisdiction.

5.

The petition is accordingly, dismissed with liberty to the petitioner to adopt appropriate remedies, as may be available in law. 2/3

6.

We make it clear that we have not gone into the merits of the petition and as such, all contentions of all parties are kept open. 7.

Petition is accordingly disposed of on the aforesaid terms. 8.

All concerned to act on the authenticated copy of this order.

DR. NEELA GOKHALE, J.

REVATI MOHITE DERE, J.

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