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Gujarat High Court

Shantilal Shanabhai Makwana vs State Of Gujarat on 9 March, 2020

Author: Sonia Gokani

Bench: Sonia Gokani

 C/SCA/1043/2017                               IA ORDER



   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC. CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
    In R/SPECIAL CIVIL APPLICATION NO. 1043 of 2017
                         With
MISC. CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
    In R/SPECIAL CIVIL APPLICATION NO. 1044 of 2017
                         With
MISC. CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
    In R/SPECIAL CIVIL APPLICATION NO. 1045 of 2017
                         With
MISC. CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
    In R/SPECIAL CIVIL APPLICATION NO. 1046 of 2017
                         With
MISC. CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
    In R/SPECIAL CIVIL APPLICATION NO. 1047 of 2017
                         With
MISC. CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
    In R/SPECIAL CIVIL APPLICATION NO. 1048 of 2017
                         With
MISC. CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
    In R/SPECIAL CIVIL APPLICATION NO. 1049 of 2017
                         With
MISC. CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
    In R/SPECIAL CIVIL APPLICATION NO. 1050 of 2017
                         With
MISC. CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
    In R/SPECIAL CIVIL APPLICATION NO. 1051 of 2017
                         With
MISC. CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
    In R/SPECIAL CIVIL APPLICATION NO. 1052 of 2017
                         With
MISC. CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
    In R/SPECIAL CIVIL APPLICATION NO. 1053 of 2017
                         With
MISC. CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
    In R/SPECIAL CIVIL APPLICATION NO. 1054 of 2017
                         With
MISC. CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
    In R/SPECIAL CIVIL APPLICATION NO. 1055 of 2017
                         With
MISC. CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
    In R/SPECIAL CIVIL APPLICATION NO. 1056 of 2017
                         With
MISC. CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
    In R/SPECIAL CIVIL APPLICATION NO. 1057 of 2017


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  C/SCA/1043/2017                               IA ORDER



                        With
MISC. CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
   In R/SPECIAL CIVIL APPLICATION NO. 1058 of 2017
                        With
MISC. CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
   In R/SPECIAL CIVIL APPLICATION NO. 1059 of 2017
                        With
MISC. CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
   In R/SPECIAL CIVIL APPLICATION NO. 1060 of 2017
                        With
MISC. CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
   In R/SPECIAL CIVIL APPLICATION NO. 1061 of 2017
                        With
MISC. CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
   In R/SPECIAL CIVIL APPLICATION NO. 1062 of 2017
                        With
MISC. CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
   In R/SPECIAL CIVIL APPLICATION NO. 1063 of 2017
                        With
MISC. CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
   In R/SPECIAL CIVIL APPLICATION NO. 1064 of 2017
                        With
MISC. CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
   In R/SPECIAL CIVIL APPLICATION NO. 1065 of 2017
                        With
MISC. CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
   In R/SPECIAL CIVIL APPLICATION NO. 1066 of 2017
                        With
MISC. CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
   In R/SPECIAL CIVIL APPLICATION NO. 1067 of 2017
                        With
MISC. CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
   In R/SPECIAL CIVIL APPLICATION NO. 1068 of 2017
                        With
MISC. CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
   In R/SPECIAL CIVIL APPLICATION NO. 1069 of 2017
                        With
MISC. CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
   In R/SPECIAL CIVIL APPLICATION NO. 1070 of 2017
                        With
MISC. CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
   In R/SPECIAL CIVIL APPLICATION NO. 1071 of 2017
                        With
MISC. CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
   In R/SPECIAL CIVIL APPLICATION NO. 1072 of 2017


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         C/SCA/1043/2017                                   IA ORDER



==========================================================

SHRI KRISHNA KESHAV LABORATORIES LTD Versus LEGAL HEIRS OF DIPAKBHAI J SHUKLA , ALPABEN DIPAKBHAI SHUKLA ========================================================== Appearance:

MR RASESH H PARIKH for the PETITIONER(s) No. MR.HEMANG H PARIKH for the PETITIONER(s) No. MS ML SHAH, GP, MR RONAK RAVAL, GOVERNMENT PLEADER for the RESPONDENT(s) No. MR DG SHUKLA for the RESPONDENT(s) No. ========================================================== CORAM: HONOURABLE MS JUSTICE SONIA GOKANI Date : 09/03/2020 COMMON IA ORDER
1. Since, all these matters involve common question of law and facts, they are heard together and disposed off by this common order.
2. The present miscellaneous civil applications have been preferred, seeking deletion of the condition imposed by this Court of depositing Rs.15/- lakh every month for the period of six months, commencing from January, 2020, vide order dated 27.12.2019, which came to be revised vide order, Dated: 27.01.2020, passed in Civil Application (for Stay) No. 1 of 2019 in Special Civil Application No. 1043 of 2017 and the allied matters.
3. On the ground that vide notification bearing No. 50/2015-2020, Dated 03.03.2020, issued by the Ministry of Commerce and Industry, the Government has prohibited the export of Paracetamol and Metronidazole for an indefinite period and the applicant is having the finished goods, i.e. 7 lakh Paracetamol, worth Rs.1.50/- crore and 2.50 lakh bottles of Metronidazole, worth Rs.30/- lakhs request is made.

According to the applicant, these goods have been manufactured upon specific order and their branding for export is also done and therefore, in view of the branding of these goods, the same cannot be sold in the Page 3 of 6 Downloaded on : Sat Jan 23 06:14:26 IST 2021 C/SCA/1043/2017 IA ORDER domestic market. It is urged that the applicant is able to function only at 50% of its capacity, as spares for machineries that are imported from China are not available. It is also lamented that the suppliers, who supply material from China, have expressed their inability to supply the raw material, in wake of outbreak of Covid-19 virus. Hence, the applicant is before this Court.

4. This Court has heard the learned Advocate, Mr. Parikh, for the applicant, learned Advocate, Mr. Shukla, for the private respondents and the learned AGP for the respondent-State.

5. What all this Court has directed the applicant is to deposit Rs.15/- lakh every month for the period of six months, as the total outstanding amount, which is to be paid by the applicant, is Rs.91,48,243/-. According to the applicant, he needs to save his cash, as there is financial crunch and as, he needs to push his business as well as he also has to take care of about 300 workers. It is, therefore, urged that the said direction of depositing the amount be deleted.

6. Learned Advocate, Mr. Shukla, appearing for the private respondents has strongly objected to the same on the ground that neither any statement of accounts nor any bank details have been furnished by the applicant. It is also urged that the applicant is already before the Appellate authority, where, the matter is scheduled for hearing on 30.03.2020 and there is likelihood of final hearing of the same. He also, further, has urged that the notification is issued by the Government, Dated: 03.03.2020, and therefore, the same cannot be a ground for the applicant for not depositing of the amount. He also pointed out that the Court has already considered all these aspects and hence, has returned Rs.45/- lakh to the applicant. It is, therefore, urged that no indulgence be shown.

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C/SCA/1043/2017 IA ORDER

7. Learned AGP has urged that for the betterment of the public at large, such circulars are being issued.

8. Having, thus, heard learned Advocates on both the sides and also having taken into consideration the notification issued by the government, Dated: 03.03.2020, coupled with the outbreak of Covid-19 virus, the applicant may be facing financial difficulties. For now, this Court notices that, since, both Paracetamol and Metronidazole are required to be sold in the domestic market, possibly, they have been prohibited from being exported. There is difficulty of having labeled and having made the batches of the goods for export, and therefore, the same cannot be sold in the domestic market, which is the submission made by the learned Advocate, Mr. Parikh, for the applicant. This Court notices that the amount was directed to be deposited vide order dated 27.12.2019, which came to be revised vide order dated 27.01.2020, whereby, this Court has directed the applicant to deposit Rs.15/- lakh, between 1st to 5th of every English calender month for the period of six months and this Court notices that the applicant has already deposited the two installments, i.e. for the months of January & February, 2020. Noticing the fact that the notification is issued by the government on 03.03.2020, the amount of installment for the month of March, 2020, ought to have been ready with the applicant, since, it fells due on 05.03.2020.

9. In the opinion of this Court, this is not a ground for thwarting the payment of installment. Moreover, as is rightly pointed out by the learned Advocate, Mr. Shukla, there are no bank details, statements of accounts etc. produced by the applicant in support of its claim. This Court also cannot be oblivious of the fact that the applicant has already been returned an amount of Rs.45/- lakh, last year. The opponents-

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C/SCA/1043/2017 IA ORDER private respondents have been waiting for a long time and noticing the pendency of the appeal before the Appellate Bench, this Court has already struck a balance in its orders, even while, noticing certain extraordinary circumstances, i.e. the outbreak of Covid-19 virus, and the current situation in the domestic market, in wake of the fact that the parties are already before the Appellate Bench, which is likely to take- up the appeal for final hearing on 30.03.2020, no indulgence needs to be shown in these applications.

10. Learned Advocate, Mr. Shukla, appearing for the private respondents in these matters ensures to extend all cooperation for early final hearing of the appeal. For now, these applications do not deserve any consideration.

11. Resultantly, all these applications fail and are DISMISSED. However, in the event of any difficulty in proceeding with the appeal for want of time etc., the applicant shall be at liberty to approach this Court in the first week of April, 2020. The applicant shall also be at liberty to approach the Central Government with a request to divert the batch prepared for export in the domestic market, in wake of the extraordinary facts and circumstances of this case.

11.1 So far as the depositing of the installment for the month of March, 2020 is concerned, the time to deposit the same is EXTENDED upto 23rd March, 2020.

(SONIA GOKANI, J) UMESH/-

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