Bombay High Court
Jayant Shantilal Mirani vs The Union Of India Thr Secretary ... on 4 January, 2023
Author: Abhay Ahuja
Bench: Nitin Jamdar, Abhay Ahuja
Digitally
signed by
TRUPTI
TRUPTI SADANAND
SADANAND BAMNE
BAMNE Date:
2023.01.06 6, 20 and 907 group matters.doc
17:09:43
+0530
Trupti
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 1204 OF 2018
Idea Cellular Ltd. ... Petitioner
versus
The Union of India & Ors. ... Respondents
WITH
WRIT PETITION NO. 1541 OF 2019
WITH
INTERIM APPLICATION (L) NO. 28288 OF 2022
IN
WRIT PETITION NO. 1541 OF 2019
WITH
INTERIM APPLICATION (L) NO. 5700 OF 2020
IN
WRIT PETITION NO. 1541 OF 2019
WITH
WRIT PETITION NO. 2726 OF 2021
WITH
INTERIM APPLICATION (L) NO. 18987 OF 2022
IN
WRIT PETITION NO. 2726 OF 2021
WITH
WRIT PETITION NO. 2413 OF 2021
WITH
INTERIM APPLICATION (L) NO. 19152 OF 2022
IN
WRIT PETITION NO. 2413 OF 2021
WITH
WRIT PETITION NO. 2254 OF 2021
WITH
INTERIM APPLICATION (L) NO. 19012 OF 2022
IN
WRIT PETITION NO. 2254 OF 2021
WITH
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6, 20 and 907 group matters.doc
WRIT PETITION NO. 2409 OF 2021
WITH
INTERIM APPLICATION (L) NO. 19836 OF 2022
IN
WRIT PETITION NO. 2409 OF 2021
WITH
WRIT PETITION NO. 2761 OF 2021
WITH
INTERIM APPLICATION NO. 3844 OF 2022
IN
WRIT PETITION NO. 2761 OF 2021
AND
WRIT PETITION NO. 4351 OF 2022
AND
CIVIL WRIT PETITION NO. 5484 OF 2022
WITH
CIVIL WRIT PETITION NO. 2078 OF 2021
WITH
CIVIL WRIT PETITION NO. 2096 OF 2021
WITH
CIVIL WRIT PETITION NO. 1431 OF 2022
WITH
INTERIM APPLICATION (ST.) NO. 14827 OF 2022
IN
CIVIL WRIT PETITION NO. 1431 OF 2022
WITH
CIVIL WRIT PETITION NO. 1435 OF 2022
WITH
INTERIM APPLICATION (ST.) NO. 14825 OF 2022
IN
CIVIL WRIT PETITION NO. 1435 OF 2022
WITH
CIVIL WRIT PETITION NO.1894 OF 2022
WITH
INTERIM APPLICATION (ST.) NO. 12742 OF 2022
IN
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6, 20 and 907 group matters.doc
CIVIL WRIT PETITION NO. 1894 OF 2022
WITH
CIVIL WRIT PETITION NO. 5022 OF 2021
WITH
INTERIM APPLICATION (ST.) NO. 14559 OF 2022
IN
CIVIL WRIT PETITION NO. 5022 OF 2021
WITH
CIVIL WRIT PETITION NO. 5533 OF 2021
WITH
INTERIM APPLICATION (ST.) NO. 15617 OF 2022
IN
CIVIL WRIT PETITION NO. 5533 OF 2021
WITH
CIVIL WRIT PETITION NO. 6548 OF 2021
WITH
CIVIL WRIT PETITION NO. 8101 OF 2021
WITH
CIVIL WRIT PETITION NO. 8102 OF 2021
.......
Ms.Virangana Wadhwan i/b. Economic Laws Practice for the Petitioner
in WP No. 1204 of 2018.
Mr.Prithviraj Choudhari with Mr.Mangesh Avhale i/b. Ms.Sabeena
Mahadik for the Petitioner in WP No. 1541 of 2019.
Dr.Sujay Kantawala with Mr.Anupam Dighe and Mr.Prathamesh
Chavan i/b. India Law Alliance for the Petitioner in WP Nos. 2726 of
2021, 2413 of 2021, 2254 of 2021 and 2409 of 2021.
Mr.Pradeep Jetly, Senior Advocate with Mr. J.B.Mishra for the
Respondents.
Ms.Tejal Darekar i/b. Namboodir Prasannan for the Petitioner in WP
No. 4351 of 2022.
Mr. J.B. Mishra with Mr. Dhananjay Deshmukh for the Respondents in
WP No. 4351 of 2022.
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6, 20 and 907 group matters.doc
Mr. Yash Prakash i/by PDS Legal for the Petitioner in WP No. 5484 of
2022.
Mr. Pradeep S Jetly, Senior Advocate a/w Mr. Jitendra B Mishra and
Ms.Sangeeta Yadav for Respondents in WP No. 5484 of 2022.
Dr. Sujay Kantawala a/w Mr. Sujit Sahoo and Mr. Mahadev Londhe and
Mr.Aditya Talpade i/by Mr. Yogesh Rohira for the Petitioner in WP
No. 2078 of 2021.
Ms. Shehnaz V Bharucha a/w Ms. Priyanaka Chavan and Mr. Salgia
i/by Mr.A A Ansari for Respondent Nos.1 and 4 in WP No. 2078 of
2021.
Dr. Sanjay Kantawala a/w Mr. Sujit Sahoo and Mr. Mahadev Londhe
and Mr. Aditya Talpade i/by Mr. Yogesh Rohira for the Petitioner in
WP No. 2096 of 2021.
Mr.Brijesh Pathak for the Petitioner in WP No. 1431 of 2022.
Mr. Pradeep S Jetly, Senior Advocate a/w Mr. Jitendra B Mishra and
Ms.Sangeeta Yadav for the Respondents in WP No. 1431 of 2022.
Mr. Brijesh Pathak for the Petitioner in WP No. 1435 of 2022.
Mr. Jitendra B Mishra i/by Ms.Maya Majumdar for the Respondents in
WP No. 1435 of 2022.
Dr.Sujay Kantawal a/w Mr. Prathamesh Chavan i/by India Law
Alliances for the Petitioner in WP No. 1894 of 2022.
Mr. Pradeep S Jetly, Senior Advocate a/w Mr. Jitendra B Mishra i/by
Ms.Sangeeta Yadav for the Respondents in WP No. 1894 of 2022.
Mr. Sushant A Valimbe for the Petitioner in WP No. 5022 of 2021.
Mr.Jitendra B Mishra with Ms.Maya Majumdar for the Respondents in
WP No. 5022 of 2021.
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6, 20 and 907 group matters.doc
Dr.Sujay Kantawala with Mr. Sujit Sahoo, Mr. Yogesh Rohira and Mr.
Mahadeo Londhe for the Petitioner in WP No. 5533 of 2021.
Mr. Pradeep S Jetly, Senior Advocate a/w Mr. Jitendra B Mishra i/by
Ms.Sangeeta Yadav for the Respondents in WP No. 5533 of 2021.
Dr. Sujay Kantawal a/w Mr. Prathamesh Chavan i/by India Law
Alliances for the Petitioner in WP No. 6548 of 2021.
Mr. Jitendra B Mishra with Mr. Dhananjay Deshmukh for the
Respondents in WP No. 6548 of 2021.
Dr. Sujay Kantawal a/w Mr. Prathamesh Chavan i/by India Law
Alliances for the Petitioner in WP Nos. 8101 of 2021 and 8102 of
2021.
Mr. Jitendra B Mishra i/by Ms. Sangeeta Yadav for the Respondents in
WP Nos. 8101 of 2021 and 8102 of 2021.
......
CORAM : NITIN JAMDAR AND
ABHAY AHUJA, JJ.
DATE : 4 JANUARY 2023 P.C.:
The learned Counsel for the parties state that the issue involved in these petitions is twofold. First, whether the issue involved in these petitions is covered by the law laid down by the Hon'ble Supreme Court in the case of M/s.Canon India Private Limited Versus Commissioner of Customs1 and second, what is the effect of the amendment to the relevant provisions of the Finance Act, 2022.
1 2021 (3) TMI 384- Supreme Court 5/6 6, 20 and 907 group matters.doc
2. The learned Counsel for the parties state that writ petition bearing no. 1204 of 2018 be taken as a lead petition in this group of petitions. As regards the rest of the petitions are concerned, the learned Counsel for the Petitioner would circulate a one page summary of the relevant facts in the petitions.
3. The learned Counsel for the parties will circulate a summary of propositions in lead petition with reference to pleadings (with page numbers) and statutory provisions. Compilations of case law, if any, shall contain an index and the relevant paragraphs be marked and the proposition for which they are cited. The summary and compilations be circulated in advance.
4. The learned Counsel for the parties will also circulate the proposed questions to be decided in this group of petitions.
5. Stand over to 9 January 2023.
6. The learned Senior Advocate for the Respondents states that since the question of law raised in these petitions is common, in lead petition written submissions in the form of reply affidavit will be filed before the next date.
7. Ad-interim order, if any, to continue.
(ABHAY AHUJA, J.) (NITIN JAMDAR, J.)
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