Disposed

M/S. Delux Exports v. the Union of India and Anr.

Bombay HC9 Apr 2009WP/3765/2009

Case brief

AI extract

What is this about?

In this writ petition, the High Court directed the Adjudicating Authority to decide a remanded matter within 30 days. The Court imposed a liability for compensation on the Authority for any delay and granted liberty to apply if the deadline was missed.

What did the court decide?

Direction to Adjudicating Authority to dispose of matter within 30 days; liability for compensation imposed for delay.

M/S. Delux Exports Vs the Union of India and Anr. — Company and Corporate | Bombay HC (2009)

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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 CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 3765 OF 2009

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 M/S. DELUX EXPORTS ... PETITIONER

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 Versus

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 THE UNION OF INDIA & Anr. ... RESPONDENTS

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 Mr. Uday P.Warunjikar for the petitioner.

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 Mr.Rohit B. Pardeshi for respondents.

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CORAM: F.I.REBELLO AND

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 J.H.BHATIA,JJ.

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 DATE: 9th April, 2009.

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P.C.

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 1. On behalf of respondent No.2, learned Counsel

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 sought time. In our opinion, considering the
 controversy, the request for time is rejected as the
 respondent No.2 is already served.

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 2. Rule. Heard forthwith.

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 3. The CESTAT by its order dated 14th July, 2007,

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 remanded the matter back to the original adjudicating
 authority to rehear the parties and dispose of the
 matter afresh on merits. It is the grievance of the
 petitioner that till date the matter has not been heard

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 and disposed of.

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 4. Considering the controversy, the following order
 :-

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 If the matter has not already been decided, the
 Adjudicating Authority to dispose of the matter
 within 30 days from 13th April, 2009 after
 hearing the petitioner. The petitioner will
 appear before the Adjudicating Authority on 13th
 April, 2009 at 11.00 a.m., after which the

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 Authority shall take steps according to law.

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 5. We make it clear that if the Adjudicating

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 Authority fails to dispose of the matter within 30 days,
 the said Authority will be liable to pay compensation to
 the petitioner. Liberty to the petitioner to apply to
 this Court in the event the matter is not decided within
 30 days.

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 6. Rule made absolute accordingly. No order as to

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 costs.

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 (F.I.REBELLO, J.)

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(J.H.BHATIA, J.)

M/S. Delux Exports v. the Union of India and Anr.

Case brief

What is this about?

What did the court decide?

M/S. Delux Exports v. the Union of India and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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