The High Court of Bombay dismissed three consolidated writ petitions for want of sufficient pleadings. The court held that without specific facts showing individual aggrievement, the petitions cannot be entertained.
Petitions dismissed with liberty to approach appropriate remedy; contentions kept open.
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.
PRAJAKTASAGARVARTAK Digitallysigned byPRAJAKTASAGARVARTAKDate:2023.12.0115:50:40+0530
3-wp 2097-22@[email protected]
Prajakta Vartak
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 2097 OF 2022
Agarwal Fabtex Pvt. Ltd. & Ors. ..Petitioners Versus Union of India & Anr. ..Respondents
WITH
WRIT PETITION NO. 1384 OF 2021
M/s. Rayontex Yarn Traders Pvt. Ltd. & Ors. ..Petitioners Versus Union of India & Ors. ..Respondents
WITH WRIT PETITION NO. 3798 OF 2021
Nayna Sarees & Ors. ..Petitioners Versus Union of India & Ors. ..Respondents
Mr. Naresh Jain with Ms. Neha Anchlia and Mr. Anand Kanse for Petitioner.
Mrs. Shehnaz Bharucha for Respondent No.1.
Mr. M. P. Sharma with Ms. Sangeeta Yadav and Mr. Umesh Gupta for Respondent No.2.
CORAM : G. S. KULKARNI & JITENDRA JAIN, JJ. DATE : NOVEMBER 28, 2023.
P.C.:
1. We have extensively heard learned counsel for the petitioners on
these petitions. We are not at all satisfied with the frame of the petitions,
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28 November, 2023
3-wp 2097-22@[email protected]
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.
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.
3. We dispose of these petitions with liberty to the petitioners to take recourse to an appropriate remedy, as may be available in law.
4. All contentions of the parties are expressly kept open.
[JITENDRA JAIN, J.]
[G. S. KULKARNI, J.]
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28 November, 2023
1 issue framed by the court
Whether to entertain writ petitions where petitioners are aggrieved but lack specific pleadings on facts.
Agarwal Fabtex Pvt. Ltd. & Ors.
Union of India & Anr.
M/s. Rayontex Yarn Traders Pvt. Ltd. & Ors.
Union of India & Ors.
Nayna Sarees & Ors.
Union of India & Ors.
G. S. KULKARNI
JITENDRA JAIN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court