Bombay High Court
Welspun Global Brands Ltd. And 2 Ors vs Union Of India And 3 Ors on 12 June, 2017
Bench: S.V. Gangapurwala, G.S. Kulkarni
osk 11-wp-2157-2016.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 2157 OF 2016
Welspun Global Brands Ltd. & Ors. ... Petitioners
V/s.
Union of India & Ors. ... Respondents
• Mr.Vikram Nankani, Senior Counsel a/w. Mr.Vishal Agarwal,
Ms.Isha Shah and Mr.Ashutosh Mishra i/b. Mr.Prabhakar K.
Shetty for the Petitioners.
• Mr.Pradeep S. Jetly a/w. Mr.Aswini R. Singh for the
Respondents.
CORAM : S.V. GANGAPURWALA AND
G.S. KULKARNI, JJ.
DATE : 12th JUNE, 2017.
ORAL JUDGMENT :
1] Rule. Rule made returnable forthwith. With the consent of parties taken up for final hearing.
2] We have heard Mr.Nankani, learned Senior Counsel for the Petitioners and Mr.Jetly, learned Senior Counsel for the Respondents.
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osk 11-wp-2157-2016.odt 3] The Petitioners assails the letter dated 18th March, 2016
issued by the Respondents thereby refusing to give the benefit to the Petitioners of the incentives which is claimed pursuant to Notification No.43 (RE-2013)/2009-14 dated 25th September, 2013. 4] After hearing the learned counsel for the respective parties, we need not record the exhaustive arguments. Suffice it to state that this Court in Writ Petition No.2548 of 2016 has considered the Notification No.43 (RE-2013)/2009-14 and had observed that the same would also be covered by the judgment of Division Bench of this Court in Writ Petition No.1750 of 2015, JSW Steel vs. Union of India & Ors., along with Writ Petition No.2122 of 2015, both decided on 25th January, 2016. This Court, thereafter, disposed of the said Writ Petition. In the present Writ Petition also this Court on 17th April, 2017 had adjourned the matter to enable the learned counsel for the Respondents to point out as to how the orders as referred to supra are inapplicable on the facts. 5] Upon hearing Mr.Jetly, learned Senior Counsel for the Respondent, we find that the judgment in JSW Limited (supra) 2/3 ::: Uploaded on - 14/06/2017 ::: Downloaded on - 15/06/2017 01:03:15 ::: osk 11-wp-2157-2016.odt would also enure to the benefit of the present Writ Petition and the said Notification relied on is also the subject matter in Writ Petition No.2548 of 2016. We adopt the same recourse.
6] The Rule is, accordingly, made absolute in terms of the judgment of the Division Bench of this Court in JSW Steel vs. Union of India & Ors. (supra).
7] The Respondent shall comply within eight weeks from today. No costs.
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