Bombay High Court
Patanjali Foods Ltd vs Union Of India And 2 Ors on 2 February, 2023
Author: Abhay Ahuja
Bench: Nitin Jamdar, Abhay Ahuja
1 3 wp 1816-21-os
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.1816 OF 2021
Patanjali Foods Limited ... Petitioner
V/s.
Union of India and ors. ... Respondents
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Mr.Rajesh Rawal with Mr.H.R.Shetty i/by M/s H.R.Shetty &
Associates, Advocates for the Petitioner.
Mr.J.B.Mishra with Mr.Ram Ochani and Ms.Ruchi Soya, Advocates
for the Respondents.
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CORAM : NITIN JAMDAR AND
ABHAY AHUJA, JJ.
DATE : 2 FEBRUARY 2023.
P.C.:-
1. A preliminary objection is raised by the Respondents that Petitioner has alternate remedy of filing an appeal. In the petition the Petitioner has stated that the Petitioner has no equally efficacious alternate remedy than to approach this court under Article 226 of the Constitution of India and it is only the High Court that can decide the petition. The learned counsel for the Petitioner accepts that this is not adequate and factors including factual assertion to demonstrate the case of the Petitioner that inspite of availability of appeal, this court Priya Soparkar Digitally signed by PRIYA PRIYA RAJESH SOPARKAR RAJESH Date:
SOPARKAR 2023.02.03 16:29:24 +0530
2 3 wp 1816-21-os should exercise writ jurisdiction, are needed to be incorporated. The learned counsel states that an interim application seeking amendment of the petition would be filed.
2. At the request of the learned counsel for the Petitioner to file the interim application, stand over to 27 February 2023. Interim application to be filed by 17 February 2023 with copy to the Respondents.
(ABHAY AHUJA, J.) (NITIN JAMDAR, J.) ....
Priya Soparkar