Dismissed

Agarwal Fabtex Pvt. Ltd. and 47 Ors. v. Union of India

Bombay HC28 Nov 2023WP/2097/2022

Case brief

AI extract

What is this about?

The High Court dismissed three writ petitions jointly filed by textile companies. The court held it could not entertain the challenges due to the lack of specificity in the petition frames and absence of fact-based pleadings, directing petitioners to approach appropriate remedies individually.

What did the court decide?

The petitions are disposed of with the liberty to approach an appropriate remedy.

Agarwal Fabtex Pvt. Ltd. and 47 Ors. Vs Union… — Civil Procedure and Limitation | Bombay HC (2023)

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PRAJAKTASAGARVARTAK Digitallysigned byPRAJAKTASAGARVARTAKDate:2023.12.0115:50:40+0530

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3-wp 2097-22@[email protected]

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Prajakta Vartak

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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WRIT PETITION NO. 2097 OF 2022

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Agarwal Fabtex Pvt. Ltd. & Ors. ..Petitioners Versus Union of India & Anr. ..Respondents

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WITH

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WRIT PETITION NO. 1384 OF 2021

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M/s. Rayontex Yarn Traders Pvt. Ltd. & Ors. ..Petitioners Versus Union of India & Ors. ..Respondents

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WITH WRIT PETITION NO. 3798 OF 2021

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Nayna Sarees & Ors. ..Petitioners Versus Union of India & Ors. ..Respondents

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Mr. Naresh Jain with Ms. Neha Anchlia and Mr. Anand Kanse for Petitioner.

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Mrs. Shehnaz Bharucha for Respondent No.1.

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Mr. M. P. Sharma with Ms. Sangeeta Yadav and Mr. Umesh Gupta for Respondent No.2.

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CORAM : G. S. KULKARNI & JITENDRA JAIN, JJ. DATE : NOVEMBER 28, 2023.

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P.C.:

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1. We have extensively heard learned counsel for the petitioners on

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these petitions. We are not at all satisfied with the frame of the petitions,

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Page 1 of 2

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28 November, 2023

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3-wp 2097-22@[email protected]

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so as to entertain the challenge of the petitioners and the prayers they have made. We see that Writ Petition No. 2097 of 2022 has 48 petitioners. There are no pleadings on the fact as to how the petitioners are aggrieved. Similar is the position in Writ Petition No. 3798 of 2021 where, there are 171 petitioners as also in Writ Petition No.1384 of 2021 where, there are 6 petitioners.

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2. We are of the clear opinion that if the individual petitioners are aggrieved, they need to file appropriate petitions. We are accordingly not in a position to entertain these petitions.

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3. We dispose of these petitions with liberty to the petitioners to take recourse to an appropriate remedy, as may be available in law.

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4. All contentions of the parties are expressly kept open.

[JITENDRA JAIN, J.]

[G. S. KULKARNI, J.]

Page 2 of 2

28 November, 2023

Agarwal Fabtex Pvt. Ltd. and 47 Ors. v. Union of India

Case brief

What is this about?

What did the court decide?

Agarwal Fabtex Pvt. Ltd. and 47 Ors. v. Union of India

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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