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Bombay High Court

Premal Kiran Goragandhi And Anr vs The Union Of India Through Secretary And ... on 13 March, 2020

Author: Abhay Ahuja

Bench: Nitin Jamdar, Abhay Ahuja

                       skn                                   1              72-wp-2708.19.doc



                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                ORDINARY ORIGINAL CIVIL JURISDICTION

                                     WRIT PETITION NO. 2708 OF 2019

                       Premal Kiran Goragandhi and another.            ...     Petitioners.
                            V/s.
                       The Union of India and another.                 ...     Respondents.




                       Mr.Vivek Kantawala with Mr.Vivek M. Sharma, Amey Patil, Vinayak
                       Siraskar i/b. Kiran Jain & Co. for the Petitioners.
                       Mr.Dushyant Kumar, AGP for Respondent No.2.

          Digitally
          signed by
          Sanjay K.


                                   CORAM :           NITIN JAMDAR AND
Sanjay K. Nanoskar
Nanoskar Date:
          2020.03.18
          16:03:07
          +0530


                                                     ABHAY AHUJA, JJ.
                                   DATE :            13 March 2020.

                       P.C. :

Having heard the learned counsel for the parties, we have made it clear to the learned counsel for the Petitioners that we are not in agreement with his submission on the breach of principles of natural justice. The Petitioners had engaged an Advocate who chose not to appear before the Authority. The learned counsel for the Petitioners submits that leave may be granted to amend the petition in order to challenge the statutory provisions of the Maharashtra Value Added Tax Act, 2002 which mandates pre- deposit. As various petitions taking up such legal challenge are skn 2 72-wp-2708.19.doc pending in this Court and issue has been referred to the Larger Bench for decision, we grant leave to amend the petition in order to challenge the relevant statutory provisions of the MVAT Act. Amendment to be carried out within two weeks from today. Stand over to 27 April 2020.

      (ABHAY AHUJA, J.)                  (NITIN JAMDAR, J.)