Bombay High Court
My Own Eco Energy Pvt Ltd vs The Union Of India And 6 Ors on 25 July, 2022
Bench: S.V. Gangapurwala, Madhav J. Jamdar
44-wpl-22962-22.doc
Dusane
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 22962 OF 2022
My Own Eco Energy Pvt. Ltd. ...Petitioner
Versus
Union of India & Ors. ...Respondents
Mr. S.C. Naidu i/by Mr. Vishwajeet V. Mohite and Mr. Ketan V. Joshi a/w
Mr. Dipak Jadhav for Petitioner.
Mr. Kedar B. Dighe a/w Mr. L.T. Satelkar for Respondent Nos. 1 to 7 -
BHALCHANDRA
GOPAL UOI.
DUSANE
Digitally signed by CORAM : S.V. GANGAPURWALA &
BHALCHANDRA
GOPAL DUSANE MADHAV J. JAMDAR, JJ.
Date: 2022.07.26 19:18:45 +0530 DATED : 25TH JULY 2022 P.C. :
1. We have heard learned Counsel for the Petitioner and the learned Counsel for the Respondents.
2. The Petitioner assails the order passed on the representation given by the Petitioner dated 21st June 2022.
3. The Petitioner had approached this Court by filing Writ Petition (L) No. 14464 of 2022. This Court, under order dated 11 th May 2022 directed 1/3 44-wpl-22962-22.doc the authority to take decision upon representation of the Petitioner. The contention of the Petitioner is that his product is known as "Indizel" and that the sale is perfectly permissible and does not violate provisions of the Motor Spirit and High Speed Diesel (Regulation of Supply, Distribution and prevention of Malpractices) Order.
4. The representation has been decided. Aggrieved thereby, the present Writ Petition is filed.
5. Learned Counsel for the Petitioner submits that the product of the Petitioner 'Indizel" is a Bio-diesel. The sale of the same is permissible, the Petitioner does not blend the bio-diesel with high speed diesel. None of the conditions/provisions of the Notification dated 30th April 2019 are violated.
6. It appears that this Court under its order dated 3rd February 2015 in Writ Petition (L) No. 3297 of 2014, prima facie observed that on the basis of Section 3(5) of the Petroleum Ministry's Order of 2005, action cannot be taken against the Petitioner, who is dealing with the manufacturing, storage, distribution, contracting and sale of bio-diesel which does not fall within the definition of petroleum or petroleum products. 2/3
44-wpl-22962-22.doc
7. While passing the impugned order on the representation of the Petitioner, it does not transpire that the authority has considered the Notification dated 30th April 2019 and whether the Petitioner's act is infringing of the guidelines in the said Notification. No decision with clarity it appears has been taken under impugned order passed on the representation of the Petitioner.
8. In the light of above, we set aside the impugned order and direct the authority to consider representation of the Petitioner afresh in light of the orders passed by this Court earlier. The decision shall be taken preferably within two months from the date Petitioner appears before the authority.
9. The Petitioner may appear before the authority concerned before the authority on 3rd August 2022.
10. Till the representation is decided afresh, the protection granted by this Court earlier in Writ Petition (L) No. 14464 of 2022 dated 11 th May 2022 shall continue.
(MADHAV J. JAMDAR, J.) (S.V. GANGAPURWALA, J.) 3/3