Magna Automotive India Private Limited vs Union of India — Bombay HC (2025) — LawSathi Research

Magna Automotive India Private Limited vs Union of India — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Rule made absolute in terms of prayer clause (a) in all petitions except Writ Petition No.6501 of 2024; in Writ Petition No.6501 of 2024, Rule made absolute in terms of prayer clauses (a) and (b).

Issue for consideration

Whether the issues raised in these petitions are covered by the decision of this Court in M/s. Sundyne Pumps and Compressors India Pvt. Ltd. (Writ Petition No.15228 of 2023), such that Rule can be made absolute in terms of the reliefs prayed for.

Court's answer

For the present, the decision of this Court in M/s. Sundyne Pumps and Compressors India Pvt. Ltd. holds the plea, the issues raised in these petitions being covered by that decision.

Ratio / Principle

By following the decision in M/s. Sundyne Pumps and Compressors India Pvt. Ltd., the petitions are allowed: Rule is made absolute in terms of prayer clause (a) in all petitions except Writ Petition No.6501 of 2024, and in terms of prayer clauses (a) and (b) in Writ Petition No.6501 of 2024.

Detailed headnote1 paragraphs

Oral judgment (per M.S. Sonak, J.) of the Division Bench (M.S. Sonak & Jitendra Jain, JJ.), High Court of Judicature at Bombay, dated 8 July 2025 (corrected pursuant to speaking-to-the-minutes order dated 21 July 2025), disposing of the connected writ petitions of Magna Automotive India Private Limited (Nos. 6501/2024, 17033/2024, 6497/2024, (ST) 18579/2025, (ST) 6729/2025 and 594/2025) against Union of India & Ors. Though not on board, the petitions were taken up with consent as raising issues similar, if not identical, to those in Writ Petition No.14325/2024, disposed of the same day. Counsel for the petitioner submitted, and Additional Government Pleader Ms. S.D. Vyas on instructions fairly conceded, that the issues are covered by the co-ordinate Bench decision in M/s. Sundyne Pumps and Compressors India Pvt. Ltd. vs. The Union of India (Writ Petition No.15228 of 2023, decided 16 June 2025), while noting the department is considering challenging that decision before the Supreme Court. Holding that the Sundyne Pumps decision holds the plea 'for the present', the Court followed it, allowed the petitions, and made Rule absolute in terms of prayer clause (a) in all petitions except Writ Petition No.6501 of 2024, where Rule was made absolute in terms of prayer clauses (a) and (b).

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rsk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.6501 OF 2024 WITH WRIT PETITION NO. 17033 OF 2024 WITH WRIT PETITION NO.6497 OF 2024 WITH WRIT PETITION (ST) NO. 18579 OF 2025 WITH WRIT PETITION (ST) NO.6729 OF 2025

Magna Automotive India Private Limited Through Its Authorized Representative Abhsihek Lahoti

… Petitioner

Versus

Union of India & Ors. … Respondents

WITH

WRIT PETITION NO.594 OF 2025

Magna Automotive India … Petitioners Private Limited Through Its Authorized Representative Abhsihek Lahoti

Versus

Union of India & Ors. … Respondents

Mr. Bharat Raichandani a/w. Ms. Dhanistha i/b UBR Legal Advocates, for the Petitioner.

Ms. S. D. Vyas, Addl. G. P. a/w. Dr. Dhruti Kapadia, AGP, for the State.

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CORAM : M.S. Sonak & Jitendra Jain, JJ.

DATED : 8 July 2025 ( ORAL JUDGMENT: (Per M. S. Sonak, J.)

Heard learned counsel for the parties.

These matters are not on board. However, learned counsel for the parties stated that the issue raised in these Petitions are similar, if not identical to the issue raised in Writ Petition No.14325/2024 which is on board and was disposed of by us today.

Therefore, with the consent of learned counsel for the parties even these petitions were taken on board for disposal.

Mr. Raichandani, learned counsel for the Petitioner submits that the issues raised in this petition are entirely covered by the decision of this Court in M/s. Sundyne Pumps and Compressors India Pvt. Ltd. vs. The Union of India in Writ Petition No.15228 of 2023 decided on 16 June 2025 by the co-ordinate Bench of this Court. Accordingly, He submits that the Rule be made absolute in this petition by granting the petitioner the reliefs prayed for.

Ms. Vyas, on instructions, fairly states that the issues raised are indeed covered by M/s. Sundyne Pumps and Compressors India Pvt. Ltd. (supra) . However, she submits that the department is in process of considering challenging this decision before the Hon’ble Supreme Court.

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For the present, the decision in M/s. Sundyne Pumps and Compressors India Pvt. Ltd. (supra) holds the plea.

Accordingly, by following the decision in M/s. Sundyne Pumps and Compressors India Pvt. Ltd. (supra) , we allow these petitions. In all these petitions except in WP No.6501/2024 Rule is made absolute in terms of prayer clause (a). In WP No.6501 of 2024 Rule is made absolute in terms of prayer clauses (a) and (b).

(Jitendra Jain, J)

Corrected pursuant to speaking to the minutes order dated 21 July 2025.

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