A writ petition imperatively dismissed on the direction that parties await a signed memorandum of order from the respondent officials, keeping all contentions open without any active adjudication.
The petition is disposed of with no order as to costs; parties to await further action by respondents.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.5767 OF 2005
M/s.S.D. Enterprises .. Petitioner.
V/s.
The Union of India & Others .. Respondents.
Mr.Naresh Kaushik i/b. Mr.Vivek Sharma for the
petitioner.
Mr.H.V. Mehta with Mr.Kiran Kandpile for the
respondents.
CORAM : V.C. DAGA &
J.P. DEVADHAR, JJ.
DATED : 1ST SEPTEMBER, 2005.
P.C. :
1. Heard learned counsel appearing for the
parties. Perused petition.
2. At this stage, it will not be in the
interest of either parties to entertain this
petition. However, justice would be met by taking
the pursis styled as "minutes of order" duly signed
by the advocate for respondent Nos.1 and 4 along with
the Superintendent (Preventive), Central Excise,
Thane - II and to dispose of petition keeping all
rival contentions open.
3. Mr.Mehta submits that they will stand by
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their pursis without creating any difficulty for the
petitioner and shall promptly adjudicate upon the
show cause notice. The petitioner has also
undertaken to co-operate with the adjudicating
authority.
4. We expect the adjudicating authority to
adjudicate all pending applications well within a
reasonable time before adjudication of the show cause
notice and shall endeavour to adjudicate upon the
show cause following principles of natural justice as
expeditiously as possible.
5. Needless to mention that all rival
contentions of the parties are kept open.
6. The petition, accordingly, stands disposed
of with no order as to costs.
(V.C. DAGA, J.)
(J.P. DEVADHAR, J.)
M/s.S.D. Enterprises
The Union of India
V.C. DAGA
J.P. DEVADHAR
As recorded by the court registry
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