Quashed

Indo American Seeds (India) Pvt. Ltd, through Mr. Vilas Ganpat Jadhav v. State of Maharashtra and Ors.

Bombay HC20 Aug 2013WP/7498/2013

Case brief

AI extract

What is this about?

A petitioner operator of defective seeds was ordered to surrender licence. The Division Benches gave 'cease and desist' however petitioner was allowed to sell other variety of seeds after securing undertaking against complained seed.

What did the court decide?

Stayed operation of impugned order so far as it relates to other seeds pending appeal. Petitioner undertook not to sell 'Kohinoor' seeds.

Indo American Seeds (India) Pvt. Ltd, through Mr… — Service and Employment | Bombay HC (2013)

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(WP 7498 of 2013)

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VAT

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.7498 OF 2013

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Indo American Seeds (India) Pvt. Ltd. ...Petitioner Vs. State of Maharashtra & Ors. ...Respondents ***

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Mr.H.V. Kode for Petitioner Mr. V.P. Malvankar AGP for Respondent Nos.1 to 3

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*** CORAM : V. M. KANADE, AND K.R. SHRIRAM, JJ

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DATE : AUGUST 20, 2013

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P.C.

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1. The grievance of the Petitioner is that since the complaints

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were received from the farmers regarding defective seeds of bitter gourd 'Kohinoor', the competent authority has cancelled the licence of the Petitioner to distribute even the seeds of other varieties. It is submitted that this issue was considered by this Court in several matters and, accordingly, the Petitioners therein have been permitted to sell the seeds of other varieties of bitter gourd and they have been restrained to sell the seeds in respect of which the complaints were received.

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We have perused the orders passed by this Bench as well as

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other Benches of this Court in Writ Petition No.5328 of 2013 dated

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1/2

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(WP 7498 of 2013)

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1^st July, 2013, Writ Petition No.7182 of 2013 dated 8^th August, 2013 and also in respect of Writ Petition No.4837 of 2013, the Division Bench of this Court had passed the order on 31^st May, 2013. Taking into consideration the said orders passed by this Court, we direct the Respondents that the operation of the impugned order dated 24^th May, 2013 passed by Respondent No.3 which is at Exhibit 'D' to the petition so far as it relates to the other seeds and variety mentioned in the license 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 Petitioner undertakes that the Petitioner shall not sell the seeds of Bitter Gourd -Kohinoor. Petition is, accordingly, disposed of in the aforesaid terms. Parties to act on the authenticated copy of this order.

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

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Vaishali Tikam

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Indo American Seeds (India) Pvt. Ltd, through Mr. Vilas Ganpat Jadhav v. State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Indo American Seeds (India) Pvt. Ltd, through Mr. Vilas Ganpat Jadhav v. State of Maharashtra and Ors.

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

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