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Bombay High Court

Ge T & D India Ltd. (Previously Known As ... vs Union Of India And 3 Ors on 16 January, 2020

Author: M.S. Karnik

Bench: Nitin Jamdar, M.S. Karnik

                                   1                  13. WP 3045.19.doc

JPP


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

              WRIT PETITION NO. 3045 OF 2019
GE T & D India Ltd. (Previously known as
Areva T & D India Ltd.)                          ... Petitioner

      V/s.

Union of India and Ors.                         ... Respondents

Mr. Sriram Shridharan a/w. Mr. Akhilesh Kangsia for the Petitioner
Mr. J.B. Mishra I/b. Pradeep S. Jetly for Respondent Nos. 2 and 3
Mr. Atul S. Singh for Respondent Nos. 1 and 4

                               CORAM : NITIN JAMDAR &
                                      M.S. KARNIK, JJ.

DATE : 16 JANUARY 2020.

P.C. :-

Heard learned Counsel for the parties.

2. A primary contention of the Petitioner is of breach of principles of natural justice inasmuch as the notice initiating the proceedings against the Petitioner was not served upon the Petitioner on the address as it appears in the Importer-Exporter Code (IEC) Certificate/Data Base of importers and exporters. The learned Counsel for the Petitioner has sought to advance various oral arguments as to how the data base is maintained and how the 2 13. WP 3045.19.doc Respondent - Authorities are deemed to be aware of the correct address of the Petitioner, yet they chose to send the notice to an address which has been deleted. However, we do not find pleadings to that effect in the Petition. It is also the contention of the Petitioner that now the Petitioner has all the necessary documentations and an opportunity be given to the Petitioner to demonstrate the same.

3. Leave is granted to the Petitioner to amend the Petition to incorporate pleadings regarding the deemed knowledge of the Respondents about the address of the Petitioner. Amendment to be carried out within a period of one week from today.

4. Stand over to 30 January 2020.

     M.S. KARNIK, J.                          NITIN JAMDAR, J.
           Digitally signed
Jyoti P.   by Jyoti P. Pawar
           Date:
Pawar      2020.01.18
           16:59:12 +0530