Rajasthan High Court - Jaipur
Kishorchandra Kalyanji Agri Llp vs Union Of India on 26 May, 2020
Bench: Chief Justice, Satish Kumar Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition No. 12283/2019
Nikhil Pulses Pvt. Limited
----Petitioner
Versus
Union Of India
----Respondent
Connected With
1. D.B. Civil Writ Petition No. 19152/2018
2. D.B. Civil Writ Petition No. 23333/2018
3. D.B. Civil Writ Petition No. 24229/2018
4. D.B. Civil Writ Petition No. 24270/2018
5. D.B. Civil Writ Petition No. 24305/2018
6. D.B. Civil Writ Petition No. 25302/2018
7. D.B. Civil Writ Petition No. 25499/2018
8. D.B. Civil Writ Petition No. 25560/2018
9. D.B. Civil Writ Petition No. 27441/2018
10. D.B. Special Appeal Writ No. 1207/2019
11. D.B. Civil Writ Petition No. 9064/2019
12. D.B. Civil Writ Petition No. 9321/2019
13. D.B. Civil Writ Petition No. 9648/2019
14. D.B. Civil Writ Petition No. 9649/2019
15. D.B. Civil Writ Petition No. 9884/2019
16. D.B. Civil Writ Petition No. 10749/2019
17. D.B. Civil Writ Petition No. 10956/2019
18. D.B. Civil Writ Petition No. 11378/2019
19. D.B. Civil Writ Petition No. 11611/2019
20. D.B. Civil Writ Petition No. 11752/2019
21. D.B. Civil Writ Petition No. 11974/2019
22. D.B. Civil Writ Petition No. 12145/2019
23. D.B. Civil Writ Petition No. 16683/2019
24. D.B. Civil Writ Petition No. 12284/2019
25. D.B. Civil Writ Petition No. 12623/2019
26. D.B. Civil Writ Petition No. 12944/2019
27. D.B. Civil Writ Petition No. 12945/2019
28. D.B. Civil Writ Petition No. 13392/2019
29. D.B. Civil Writ Petition No. 13393/2019 (Downloaded on 27/05/2020 at 08:56:09 PM) (2 of 5) [CW-12283/2019]
30. D.B. Civil Writ Petition No. 13429/2019
31. D.B. Civil Writ Petition No. 13430/2019
32. D.B. Civil Writ Petition No. 13810/2019
33. D.B. Civil Writ Petition No. 13927/2019
34. D.B. Civil Writ Petition No. 13928/2019
35. D.B. Civil Writ Petition No. 13929/2019
36. D.B. Civil Writ Petition No. 14135/2019
37. D.B. Civil Writ Petition No. 14136/2019
38. D.B. Civil Writ Petition No. 14137/2019
39. D.B. Civil Writ Petition No. 14840/2019
40. D.B. Civil Writ Petition No. 14865/2019
41. D.B. Civil Writ Petition No. 14878/2019
42. D.B. Civil Writ Petition No. 14879/2019
43. D.B. Civil Writ Petition No. 14880/2019
44. D.B. Civil Writ Petition No. 14881/2019
45. D.B. Civil Writ Petition No. 14918/2019
46. D.B. Civil Writ Petition No. 15774/2019
47. D.B. Civil Writ Petition No. 16067/2019
48. D.B. Civil Writ Petition No. 16127/2019
49. D.B. Civil Writ Petition No. 16128/2019
50. D.B. Civil Writ Petition No. 16130/2019
51. D.B. Civil Writ Petition No. 16131/2019
52. D.B. Civil Writ Petition No. 16304/2019
53. D.B. Civil Writ Petition No. 16348/2019
54. D.B. Civil Writ Petition No. 16422/2019
55. D.B. Civil Writ Petition No. 16423/2019
56. D.B. Civil Writ Petition No. 7880/2019
57. D.B. Civil Writ Petition No. 16709/2019
58. D.B. Civil Writ Petition No. 16717/2019
59. D.B. Civil Writ Petition No. 16730/2019
60. D.B. Civil Writ Petition No. 16731/2019
61. D.B. Civil Writ Petition No. 16927/2019
62. D.B. Civil Writ Petition No. 17065/2019
63. D.B. Civil Writ Petition No. 17072/2019
64. D.B. Civil Writ Petition No. 17091/2019
65. D.B. Civil Writ Petition No. 17097/2019
66. D.B. Civil Writ Petition No. 17100/2019 (Downloaded on 27/05/2020 at 08:56:09 PM) (3 of 5) [CW-12283/2019]
67. D.B. Civil Writ Petition No. 17201/2019
68. D.B. Civil Writ Petition No. 17433/2019
69. D.B. Civil Writ Petition No. 17438/2019
70. D.B. Civil Writ Petition No. 17904/2019
71. D.B. Civil Writ Petition No. 17940/2019
72. D.B. Civil Writ Petition No. 17952/2019
73. D.B. Civil Writ Petition No. 18071/2019
74. D.B. Civil Writ Petition No. 18075/2019
75. D.B. Civil Writ Petition No. 18246/2019
76. D.B. Civil Writ Petition No. 18856/2019
77. D.B. Civil Writ Petition No. 19084/2019
78. D.B. Civil Writ Petition No. 21971/2019 For Petitioner(s) : Mr. Paras Kuhad Senior Advocate assisted by Mr. Ankit Sethi Mr. Lokesh Kumar Sharma Mr. Saransh Saini Mr. Himanshu Sharma Ms. Pragya Sethia Mr. Yuvraj Samant Mr. Harshal Tholia Mr. Gajendra Vyas For Respondent(s) : Mr. R.D. Ratogi, ASG with Mr. Anand Sharma & Mr. C.S. Sinha Mr. Kinshuk Jain Mr. Rajendra Prasad Senior Advocate HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SATISH KUMAR SHARMA Order 26/05/2020 Heard learned counsel for the respective parties through Video Conferencing and in particular Mr. Paras Kuhad, learned Senior Counsel appearing in D.B. Civil Writ Petition No.12283/2019 for Nikhil Pulses Pvt. Limited Shri R.D. Rastogi, learned Additional Solicitor General appearing on behalf of Union of India submits that Union of India (Downloaded on 27/05/2020 at 08:56:09 PM) (4 of 5) [CW-12283/2019] have filed an application on 20.05.2020 for recall of the order dated 15.05.2020 passed by the Hon'ble Supreme Court in SLP No.5173/2020. He also submits that a batch of writ application seeking transfer of the writ petitions have been filed by the Union of India, in which notices have been issued. Admittedly, no interim order has been passed by the Hon'ble Supreme Court as yet.
Shri Paras Kuhad, learned Senior Counsel appearing on behalf of Nikhil Pulses Pvt. Limited submits that such an application has been filed but no order has been passed therefrom till date.
Hon'ble Apex Court on 15.05.2020 in SLP No.5173/2020 Nikhil Pulses Pvt. Limited vs. Union of India & Ors.
has directed the High Court to decide the main matter i.e. D.B. Civil Writ Petition No. 12283/2019 on merits as early as possible but not later than one month from the date of receipt of the order.
It appears from the record that the order of the Hon'ble Supreme Court has been received by the Registry on 18.05.2020 and in terms of the aforesaid directions, this Court is required to dispose of the matter within a period of one month therefrom.
It is also pertinent to note herein that although the Hon'ble Supreme Court dealt with the Nikhil Pulses Pvt. Limited, yet it is evident that the Nikhil Pulses Pvt. Limited have gone before Hon'ble Supreme Court seeking to challenge the interim order dated 13.02.2020 passed by this Court while dealing with a batch of matters pending before the Rajasthan High Court.
Therefore, we are of the considered view that since the matter of Nikhil Pulses Pvt. Limited was pending for hearing along with a batch of matters involving a common question of law, hearing of the entire batch of matters shall commence from (Downloaded on 27/05/2020 at 08:56:09 PM) (5 of 5) [CW-12283/2019] 03.06.2020. For the convenience of the counsel and parties we direct that hearing of these matters shall commence from 11 AM on the said date.
This Court also took notice of an article published in daily news paper Indian Express dated 23.05.2020 under the Heading "Amid Worries over high level of pulses inflation, RBI Guv calls for re-appraisal of import duties". The said article appears to have been authored by Prabha Raghavan.
We direct that copies of this article be handed over to the learned ASG as well as all counsel representing all the parties and the same be marked as Annexure-
X. Since this article refers to a recommendation made by RBI Governor we direct to implead the RBI as performa respondent in D.B. CWP No.12283/2019.
Shri R.D. Rastogi, Additional Solicitor General appearing for Union of India may represent RBI, if he so desire.
Before hearing commences, all the parties are directed to file written note of dates and events as well as contentions indicating as to whether the parties have an authority to import licence as on date and such notes be exchanged between the respective parties and filed before the Registry of this Court on or before 02.06.2020.
List these matters on 03.06.2020 at 11.00 AM.
(SATISH KUMAR SHARMA),J (INDRAJIT MAHANTY),CJ JKP/s-33-111 (Downloaded on 27/05/2020 at 08:56:09 PM) Powered by TCPDF (www.tcpdf.org)