Bombay High Court
Hikal Limited vs Union Of India And 6 Ors on 30 March, 2023
Author: Sandeep V. Marne
Bench: S. V. Gangapurwala, Sandeep V. Marne
910-WPL-35496-2022
Pdp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 8935 OF 2023
IN
WRIT PETITION (L) NO. 35496 OF 2022
WITH
WRIT PETITION (L) NO. 35496 OF 2022
Hikal Limited .. Applicant
In the matter between:
Hikal Limited .. Petitioner
Versus
Union of India & Ors. .. Respondents
Mr.Amit Desai, Senior Advocate a/w Mr. Akshay Patil
and Mr. Gopal Krishna Shenoy, Mr. Jarin Mukesh
Doshi i/by Malvi Ranchoddas & Co. for
applicant/petitioner.
Mr. A. S. Khandeparkar, Senior Advocate with Mr.
Niranjan P. Shimpi for respondent no.1/UoI.
Mrs. Manisha Lavkumar, Senior Advocate a/w Ms.
Sheetal Shah i/by M/s. Mehta & Girdharlal for
respondent no.2.
Mr. C. M. Lokesh for respondent no.3.
Mr. Jitendra P. Jagtap a/w Mr. Umesh Iyer, Ruchika
Indalkar for respondent no.6/MPCB.
Mr. Mihir Desai, Senior Advocate i/b Ms. Lara Jesani
for respondent no.7.
CORAM: S. V. GANGAPURWALA, ACTING CJ. &
SANDEEP V. MARNE, J.
DATE: MARCH 30, 2023
P.C.:
1. Mr. Amit Desai, learned senior advocate for the
petitioner/applicant submits that during the pendency of the present writ petition, the National Green Tribunal, Delhi has 1 ::: Uploaded on - 31/03/2023 ::: Downloaded on - 31/03/2023 13:16:02 ::: 910-WPL-35496-2022 passed an order. He seeks leave to amend and assail the said order.
2. Mr. Mihir Desai, learned senior advocate for respondent no.7 and Mrs. Manisha Lavkumar, learned senior advocate for respondent no.2 submits that they have raised the issue of maintainability of the present writ petition before this Court in light of the remedy of appeal available before the Apex Court and, if at all, the High Court has to entertain the writ petition, the same could be the Gujarat High Court.
3. We would consider the said aspect.
4. Considering that the amendment sought is for assailing the order which has been passed during the pendency of the writ petition, we allow the petitioner to amend the writ petition and assail the said order, keeping the issue of maintainability of the writ petition open.
5. The amendment shall be carried out by 3rd April, 2023 and the copy of the amended writ petition shall be served upon the respective respondents. The respondents, if they so desire, may file their affidavit by 6th April, 2023.
6. Interim Application is disposed of accordingly.
7. Place the writ petition on 13th April, 2023.
8. It is made clear that on the next date, we would consider the issue of maintainability of the writ petition.
9. Ad-interim order passed earlier on 24th March, 2023 to continue till the next date.
(SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE)
Digitally
signed by
PRAVIN
PRAVIN DASHARATH
DASHARATH PANDIT
PANDIT Date:
2023.03.31
11:45:39
+0530
2
::: Uploaded on - 31/03/2023 ::: Downloaded on - 31/03/2023 13:16:02 :::