Dismissed

Mandovi Casting Pvt.Ltd. v. the State of Goa

Bombay HC24 Apr 2023WP/266/2001

Case brief

AI extract

What is this about?

The High Court of Bombay at Goa dismissed five consolidated writ petitions filed by various steel and metal industries against the State of Goa. Relying on recent Supreme Court and Bom CR precedents, the bench held that the issues raised against the petitioners in earlier judgments were also decided herein, warranting dismissal.

What did the court decide?

Interim orders vacated; rules discharged; no order for costs.

Mandovi Casting Pvt.Ltd. Vs the State of Goa — Company and Corporate | Bombay HC (2023)

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WPS-174-08-ORS.DOC

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Santosh

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IN THE HIGH COURT OF BOMBAY AT GOA

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WRIT PETITION NO. 266 OF 2001

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Mandovi Casting Pvt. Ltd, a Company registered under the ( Indian Companies Act, 1956 having its registered office at Plot No. 341, Kundaim Industrial Estate, Kundaim — Goa through its Director Shri Ram Kumar Garg.

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Mandovi Metals Pvt. Ltd, a Company registered under the Indian Companies Act, 1956 having its registered office at “SSS” Villa, Kerant Caranzalem, Panaji — Goa through its Director Mr. Anil Solanki.

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Mohit Steel Industries Pvt. Ltd., a Company registered under the Indian Companies Act, 1956 having its registered office at Plot No. 342, Kundaim Industrial Estate, Kundaim — Goa through its Director Mr. Sandeep Agrawal

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Balaji Metals Pvt. Ltd., a Company registered under the Indian Companies Act, 1956 having its registered office at E-7, Madkaim Industrial Estate, Madkaim, Ponda — Goa through its Director, Mr. Harshvardhan Mittal.

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WPS-174-08-ORS.DOC

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Prateek Alloys Pvt. Ltd, a Company registered under the Indian Companies Act, 1956 having its registered office at Plot No. 108, Kundaim Industrial Estate, Kundaim — Goa through its Director Shikhir Vir Agrawal.

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Shri Ambay Forging Pvt. Ltd., a Company registered under the Indian Companies Act, 1956 having its registered office at Plot No. 343, Kundaim Industrial Estate, Kundaim — Goa through its Director Mr. Pawan Lila.

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M/s West Coast Ingots Pvt. Ltd., a Company registered under the Indian Companies Act, 1956 having its registered office at Plot No. 1, Kundaim Industrial Estate, Kundaim, Goa through its Director Mr. Harshvardhan Mittal.

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M/s Shivam Ispat Pvt. Ltd., a Company registered under the Indian Companies Act, 1956 having its registered office at Plot No. 333-335, Kundaim Industrial Estate, Kundaim, Goa through its Director Mr. Rajendra Prasad Singla.

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M/s Karthik Inductions Ltd., a Company registered under the Indian Companies Act, 1956 having its registered office at Plot No. 120-121, Kundaim Industrial Estate, Kundaim, Goa through its Director Mr. B.

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WPS-174-08-ORS.DOC

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Raghavendra.

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Goa Steels Ltd, a Company registered under the Indian Companies Act, 1956 having its registered office at Radhakrishna Industrial Estate, Bicholim — Goa through its Director Mr. Kundan Kumar A. Shetye. 11.Twenty First Century Wire Rods Ltd., a Company registered under the Indian Companies Act, 1956 having its registered office at Picasso-I, Inder Narayan Lane, Linking Road, St. Cruz (W), Mumbai through its Director Mr. Vinod Goel ….. Petitioner. Versus The State of Goa, through the Chief Secretary, having office at Secretariat, Panaji, Goa. …... Respondent. Ms S. Kahlikar, Advocate for the Petitioners. Mr Tukaram Gawas, Addl. Govt. Advocate for the Respondent. WITH WRIT PETITION NO. 174 OF 2008

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Global Ispat Limited, formerly known as G.R. Ispat Limited, a Company incorporated under the Companies Act, 1956, having its local Office at M/18-19, Cuncolim Industrial Estate, Cuncolim – Goa. …. Petitioner. Versus

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WPS-174-08-ORS.DOC

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The State of Goa, through its Chief Secretary, having his office at Secretariat, Porvorim, Goa. ….. Respondent.

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Ms S. Khadilkar, Advocate for the Petitioner. Ms Amira Abdul Razaq, Government Advocate for the Respondent.

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WITH

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WRIT PETITION NO. 219 OF 2008 Mohit Ispat Limited A Company incorporated under The Companies Act, 1956, having its Office at Plot No.339-340, Kundaim Industrial Estate, Kundaim, South Goa. ….. Petitioner. Versus The State of Goa, through its Chief Secretary, having his office at Secretariat, Porvorim, Goa. ….. Respondent.

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Ms. S. Khadilkar, Advocate for the Petitioner. Mr Prashil Arolkar, Addl. Govt. Advocate for the Respondent.

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WITH

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WRIT PETITION NO. 220 OF 2008

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Goa Ispat Limited, a Company incorporated under the Companies Act, 1956, having its local Office at E-6, Madkaim Industrial Estate, Madkaim – Goa. …. Petitioner. Versus The State of Goa, through its Chief Secretary, having his office at Secretariat, Porvorim, Goa. ….. Respondent.

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WPS-174-08-ORS.DOC

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Ms S. Khadilkar, Advocate for the Petitioner. Mr Nehal Vernekar, Addl. Govt. Advocate for the Respondent.

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WITH

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WRIT PETITION NO. 224 OF 2008

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M/s Praocter & Gamble Hygiene & Health Care Ltd, a Company incorporated under the Companies Act, 1956, having its Registered Office at Procter & Gamble Plaza, Cardinal Gracias Road, Chakala, Andheri (East), Mumbai 400 099 and represented herein by its Indirect Tax Officer Mr Vishwajit Lotlikar. …. Petitioner. Versus The State of Goa, through its Chief Secretary, having his office at Secretariat, Porvorim, Goa. ….. Respondent.

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Ms S. Khadilkar, Advocate for the Petitioner. Mr Geetesh Shetye, Addl. Govt. Advocate for the Respondent.

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CORAM : M. S. SONAK & VALMIKI SA MENEZES, JJ.

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DATE : 24^th APRIL 2023

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ORAL JUDGMENT :

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1. Heard Ms Khadilkar for the Petitioners and the learned Additional Government Advocates for the Respondents.

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WPS-174-08-ORS.DOC

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2. Ms Khadilkar agrees that the issues raised in these Petitions are the same as the issues raised in Writ Petitions No. 471/2007 and 417/2014.

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3. By a separate judgment and order dated 24/4/2023, we have disposed of Writ Petitions No. 471/2007 and 417/2014.

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4. Most of the Petitioners' contentions stand answered against the Petitioners by the Nine Member Constitution Bench decision in Jindal Stainless Limited and another vs. State of Haryana and ors. - (2017) 12 SCC 1, OCL India Ltd. vs State of Orissa and ors . - 2022 SCC OnLine SC 1518 and State of Kerala and ors. vs. Fr. William Fernandez and ors – (2021) 11 SCC 705. Similarly, the same questions, which were left open, were decided against the Petitioners in Hindusthan National Glass & Industries Limited vs State of Maharashtra and Ors. - (2019) 3 Bom CR 625. Accordingly, by following these decisions, this batch of Petitions, will have to be dismissed.

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5. Accordingly, all these Petitions are liable to be dismissed and are, hereby, dismissed. Interim orders, if any, are hereby vacated. The rule, in each of these Petitions, is discharged.

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6. There shall be no order for costs.

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VALMIKI SA MENEZES, J. M. S. SONAK, J.

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SANTOSH Digitally signed by SANTOSH S MHAMAL S MHAMAL Date: 2023.04.28 16:36:02 +05'30'

Mandovi Casting Pvt.Ltd. v. the State of Goa

Case brief

What is this about?

What did the court decide?

Mandovi Casting Pvt.Ltd. v. the State of Goa

Case brief

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