Disposed¶20

Unimax Chemicals Private Limited v. Union of India and Ors.

Bombay HC20 Jan 2025WP/799/2025

Case brief

AI extract

What is this about?

Unimax Chemicals Private Limited v. Union of India & Ors.; Bombay High Court; Writ Petition No. 799 of 2025; decision dated 20-01-2025; withdrawal of writ petition with liberty to file fresh petition; show cause notice dated 02-08-2024; adjudication order passed during pendency; alternate remedy argument kept open; similar matters listed 04-02-2025; disposed of with no order as to costs.

What did the court decide?

Liberty to withdraw the Writ Petition and to file a fresh Petition also challenging the adjudication order passed on the show cause notice dated 2nd August 2024; no order as to costs. ¶20

Unimax Chemicals Private Limited vs Union of India and Ors. — Bombay HC (2025) — LawSathi Research

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22.wp.799.2025.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.799 OF 2025

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Unimax Chemicals Private Limited .. Petitioner

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Versus

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Union of India & Ors. .. Respondents

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Digitally signed by UTKARSH UTKARSH KAKASAHEB KAKASAHEB BHALERAO BHALERAO Date: 2025.01.20 18:10:57 +0530

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Mr.Roshil Nichani a/w Ansh Desai i/b Pythagoras Legal, Advocates for the Petitioner.

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Mr.Jitendra Mishra a/w Sangeeta Yadav, Umesh Gupta Advocates for Respondents.

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CORAM :B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

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DATE : JANUARY 20, 2025

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P. C.

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1. Mentioned. Taken out of turn.

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2. In the above Writ Petition what is challenged is the show cause notice dated 2^nd August 2024. It appears that after the show cause notice was issued and after the Petition was filed, an adjudication order has also been passed. The learned advocate appearing on behalf of the Petitioner therefore submitted that instead of amending the above Petition he would like to withdraw the above Writ Petition with liberty

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Page 1 of 2 JANUARY 20, 2025

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Utkarsh

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22.wp.799.2025.doc

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to file afresh also a including challenge to the adjudication order. When we inquired from the learned advocate as to why the appellate remedy is not available to the Petitioner, he submitted that the issue raised in the above Writ Petition challenging the show cause notice, as well as now the adjudication order, is already pending in this Court in several other Writ Petitions and which are slated to come up on 4^th February 2025. He, therefore, sought leave to file a fresh Petition.

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3. Considering these peculiar circumstances, and keeping the argument of alternate remedy open, we allow the Petitioner to withdraw the above Writ Petition with liberty to file a fresh Petition to also include a challenge the adjudication order passed on the show cause notice dated 2^nd August 2024.

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4. The Writ Petition is accordingly disposed of. However, there shall be no order as to costs.

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5. This order will be digitally signed by the Private Secretary/

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Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.

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[SOMASEKHAR SUNDARESAN,J.] [B.P. COLABAWALLA,J.] Page 2 of 2 JANUARY 20, 2025

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Utkarsh

Unimax Chemicals Private Limited v. Union of India and Ors.

Case brief

What is this about?

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Unimax Chemicals Private Limited v. Union of India and Ors.

Case brief

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