Partly allowed

East West Seeds India Pvt. Ltd. v. State of Maharashtra

Bombay HC8 Aug 2013WP/7182/2013

Case brief

AI extract

What is this about?

This court stayed the operation of an order suspending the petitioner's seed-selling licence regarding other seeds, except for defective Bitter Gourd seeds, pending an appeal. The petitioner undertook not to sell the defective seeds.

What did the court decide?

Stay ordered on suspension of licence for non-defective seeds; party directed not to sell defective Bitter Gourd seeds.

East West Seeds India Pvt. Ltd. Vs State of… — Pension and Retirement Benefits | Bombay HC (2013)

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918.wp.7182.2013.doc

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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. 7182 OF 2013

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East West Seeds India Pvt. Ltd. ... Petitioner Vs. State of Maharashtra & Anr. ... Respondents

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Mr.S.A.Sawant with Mr.V.G.Kulkarni, Advocate i/b H.V.Kode for Petitioner.

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Mr.V.S.Gokhale, AGP for Respondents.

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CORAM : V. M. KANADE & K. R. SHRIRAM, JJ.

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DATE : AUGUST 8, 2013.

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P.C.

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1 The grievance of the Petitioner is that the Petitioner is

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aggrieved by the order passed by the Licensing Authority and Director Input Quality Control Commissionerate of Agriculture

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Maharashtra, Pune-1-Respondent No.2 who was pleased to

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suspend the licence of the Petition for carrying on business of selling seeds. The grievance of the Petitioner is that though the

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Shraddha Talekar P.A.

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918.wp.7182.2013.doc

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allegations have been made against him is that the Petitioner has been selling Bitter Gourd-Chhaya in which several defective seeds were noticed and complaints to that defect have been filed by the number of farmers, Respondent No.2 has passed an order suspending the licence of the Petitioner in all respect of all the seeds. It is submitted that no complaints have been received in respect of the other seeds which are being sold by the Petitioner.

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2 Out attention is invited to the order dated 1^st July 2013 passed by this Court in Writ Petition No.5328/2013. It is submitted that in the said case also a similar order was passed by this Court. By the said order, a direction was given by this Court that the licence would not be stayed in respect of the other seeds and varieties mentioned in the licence. We are requested to pass a similar order.

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3 We, therefore, direct the Respondents that the operation of the impugned order dated 24/5/2013 passed by Respondent No.2, which is at Exhibit ‘G’ to the Petition so far as it relates to the other seeds and variety mentioned in the licence, shall be stayed till the Appeal filed by the Petitioner, which is pending before Respondent No.3 is disposed of and for a period of one week thereafter. The

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Shraddha Talekar P.A.

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918.wp.7182.2013.doc

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Petitioner undertakes that the Petitioner shall not sell the seeds of

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Bitter Gourd - Chhaya.

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The Petition is, accordingly, disposed of in the aforesaid

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terms.

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Parties to act on an authenticated copy of this order.

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[K. R. SHRIRAM, J.] [V. M. KANADE, J.]

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3 / 3

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Shraddha Talekar P.A.

East West Seeds India Pvt. Ltd. v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

East West Seeds India Pvt. Ltd. v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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