Veritas Logistics Private Limited vs Union of India — Bombay HC (2025) — LawSathi Research

Veritas Logistics Private Limited vs Union of India — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of without any costs order; petitioner permitted to withdraw with liberty to follow the procedure prescribed in the trade circular dated 13 August 2024 (Annexure-II declaration and prescribed pre-deposit, to be complied with within four weeks, failing which the protection lapses); upon compliance, no recoveries until disposal of the Appeal; all contentions on merits left open to the Appellate Tribunal.

Issue for consideration

Whether the writ petition should be entertained where the Appellate Tribunal is not functioning and a trade circular dated 13 August 2024 already prescribes the procedure (Annexure-II declaration, pre-deposit, limitation from the date the Tribunal starts functioning) for filing the appeal.

Court's answer

Since the trade circular dated 13 August 2024 deals with the situation where a party is unable to institute an Appeal for want of a functioning Appellate Tribunal, there is no point in entertaining the Petition; learned Counsel for the Petitioner, on instructions, seeks leave to withdraw with liberty to follow the procedure prescribed in the circular.

Ratio / Principle

On the Petitioner's statement that the required declaration with the pre-deposit would be complied with within four weeks, if there is such compliance within four weeks, the terms of the circular dated 13 August 2024 follow and no recoveries shall be made until the disposal of the Appeal.

Key takeaways

All contentions of all parties on merits are left open to be determined by the Appellate Tribunal once it begins to function.ratio¶¶22

Detailed headnote1 paragraphs

Bombay High Court (Civil Appellate Jurisdiction) disposed of a writ petition challenging an Order in Appeal, the Appellate Tribunal (before which the further appeal lies) not being functional. The Court noted the Respondents' trade circular dated 13 August 2024, under which an appeal can be filed once the Tribunal starts functioning, limitation being construed from that date, subject to a declaration in Annexure-II to the circular and payment of the prescribed pre-deposit, whereafter there would be no recoveries until disposal of the Appeal. Holding there was no point in entertaining the Petition, the Court permitted withdrawal with liberty to follow the circular's procedure; on the Petitioner's statement that the declaration and pre-deposit would be complied with within four weeks, the Court directed that upon such compliance the circular's terms apply and no recoveries be made until disposal of the Appeal. All contentions on merits were left open to the Appellate Tribunal. Petition disposed of without costs.

19-WP-18544-2024.DOCX

Amol

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 18544 OF 2024

Veritas Logistics Pvt Ltd …Petitioner Versus Union of India & Ors …Respondents

Mr Rahul Sarda , with Mr Avdhoot Prabhu, i/b, Lex Services, for the Petitioner.

Mr Satyaprakash Sharma , with Mr Abhishek Mishra & Ms Harpreet Kaur Sethi, for the Respondent Nos. 1 & 3.

AMOL PREMNATH JADHAV

Ms S D Vyas , Addl GP , with Mr Aditya R Deolekar, AGP, for the Respondent-State.

Digitally signed by AMOL PREMNATH JADHAV Date: 2025.06.23 20:22:14 +0530

CORAM M.S. Sonak & Jitendra Jain, JJ. DATED: 23 June 2025

PC:-

Heard learned Counsel for the parties.

The Petitioner challenges the Order in Appeal, on the ground that the Appellate Tribunal is presently not functioning and therefore, the Petitioner has no other remedy other than instituting this Petition.

The Appellate Tribunal is till date not functioning. The Respondents are conscious of this position and have therefore issued a trade circular dated 13 August 2024 dealing with this aspect. In terms of the trade circular, an Appeal can be filed no sooner the Tribunal starts functioning and the period of limitation will also be construed from the date of the

Page 1 of 2

19-WP-18544-2024.DOCX

functioning of the Tribunal. For this, the Petitioner would have to make a declaration as provided in Annexure-II to the trade circular dated 13 August 2024 and pay the prescribed predeposit amount. Once this is done, then there would be no recoveries until the disposal of the Appeal.

Since, the trade circular dated 13 August 2024 deals with the situation where a party is unable to institute an Appeal for want of a functioning of an Appellate Tribunal, there is no point in entertaining this Petition. The learned Counsel for the Petitioner, on instructions seeks leave to withdraw this Petition with liberty to follow the procedure prescribed in the trade circular dated 13 August 2024.

Ms Vyas, the learned Counsel for the Respondent also submits that this would be an appropriate course to adopt.

Mr Sarda states that the required declaration with the pre-deposit would be complied within four weeks from today. This statement is accepted. If there is a compliance within four weeks from today, then, the terms of the circular dated 13 August 2024 should follow and no recoveries should be made until the disposal of the Appeal.

All contentions of all parties on merits are left open to be determined by the Appellate Tribunal once it begins to function.

This Petition is disposed of in the above terms without any costs order. All concerned to act on an authenticated copy of this order.

(Jitendra Jain, J)

Page 2 of 2