Counsel decided to follow the companion judgment in Union of India v. Rainbow Silks. The petition was quashed and proceedings remanded for fresh disposal by the revisional authority within three months.
The impugned order dated 26 February 2010 quashed and set aside. Proceedings remanded for fresh disposal within three months.
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.4355 OF 2011
Union of India ..Petitioner. versus
Sheetal Exports and another ..Respondents.
.....
Mr. Pradeep S. Jetly with Mr. J.B. Mishra for the Petitioner. Mr. Prakash Shah with Mr. Ayush Agarwal i/b PDS Legal for the Respondents.
......
CORAM : DR.D.Y.CHANDRACHUD & ANOOP V. MOHTA, JJ.
1 July 2011.
P.C. :
Rule, by consent returnable forthwith. With the consent of Counsel and at their request, the Petition is taken up for hearing and final disposal.
Counsel appearing on behalf of the Petitioner and Counsel appearing on behalf of the First Respondent state before the Court that in terms of the judgment delivered by this Court on 27 June 2011 in Union of India v. Rainbow Silks (Writ Petition 3956 of 2010), this Petition would have to be allowed by quashing and setting aside the impugned order of the revisional authority and by remanding the proceedings for a fresh consideration. The Court is informed that the facts of this case are similar. In the circumstances, for the reasons indicated by this Court while disposing of the companion writ
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petition, the impugned order of the revisional authority dated 26 February 2010 is quashed and set aside. The proceedings shall stand remanded back to the revisional authority for a fresh disposal in accordance with law. The revisional authority is requested to dispose of the revision application within a period of three months from the date of receipt of a certified copy of this judgment. In the circumstances of the case, there shall be no order as to costs.
(Anoop V. Mohta J.)
Colour shows how this judgement treated each authority
Union of India v. Rainbow Silks (Writ Petition 3956 of 2010)Followed¶15
Union of India
Sheetal Exports
D.Y. Chandrachud
Anoop V. Mohta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
