Bombay High Court
Bhavani Timber Mart vs The Union Of Inida Thr. Secretary ... on 16 September, 2021
Author: Prithviraj K. Chavan
Bench: K.K. Tated, Prithviraj K. Chavan
WP-4637-2021.doc
Shailaja
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.4637 OF 2021
Bhavani Timber Mart ] Petitioner
Vs.
Union of India and others. ] Respondents
a/w
WRIT PETITION NO.4635 OF 2021
Mahalaxmi Impex ] Petitioner
Vs.
Union of India and others. ] Respondents
a/w
WRIT PETITION NO.4636 OF 2021
Rajkripal Lumbers Ltd ] Petitioner
Vs.
Union of India and others. ] Respondents
a/w
WRIT PETITION NO.4639 OF 2021
Yashvi Impex ] Petitioner
Vs.
Union of India and others. ] Respondents
1 of 6
Digitally signed by
SHAILAJA SHAILAJA SHRIKANT
SHRIKANT HALKUDE
Date: 2021.09.17 13:44:12
HALKUDE +0530
WP-4637-2021.doc
Ms. Dipti Palli i/b UBR Legal, for Petitioners.
.....
CORAM : K.K. TATED &
PRITHVIRAJ K. CHAVAN, JJ.
DATE : 16 th SEPTEMBER, 2021.
P.C.
1. Not on board.
2. At the request of learned Counsel appearing on behalf of the
petitioners, the matter is taken on board for speaking to minutes of
the order dated 30th August, 2021.
3. Learned Counsel appearing on behalf of the petitioners
submits that in the title clause of the order dated 30th August,
2021 in Writ Petition No.4639 of 2021 name of the petitioner is
mentioned as "Yashwant Impex" instead of "Yashvi Impex". Same
be corrected.
4. In view of this submission, following order is passed;
:ORDER:
Name of the petitioner in the title clause of the order dated 30th August, 2021 in Writ Petition No.4639 of 2021 is corrected as "Yashvi Impex".
Rest of the order remains as it is.
2 of 6 WP-4637-2021.doc Corrected order reads thus;
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4637 OF 2021 Bhavani Timber Mart ] Petitioner Vs. Union of India & Ors. ] Respondents.
WITH WRIT PETITION NO.4635 OF 2021 Mahalaxmi Impex ] Petitioner.
Vs. The Union of Indai & Ors. ] Respondents.
WITH WRIT PETITION NO. 4636 OF 2021 Rajkripal Lumbers Ltd. ] Petitioner.
Vs. Union of India & Ors. ] Respondents.
WITH WRIT PETITION NO.4639 OF 2021.
Yashvi Impex ] Petitioner.
Vs.
Union of India & Ors. ] Respondents.
...
3 of 6
WP-4637-2021.doc
Mr. Bharat Raichandani, Advocate a/w Rishabh Jain i/b UBR Legal Associates for petitioners in all matters. Smt.S. V. Bharucha a/w Mr. M.M.Chunawala a/w Mr. A.A. Ansari for respondents in W.P.no.4635/2021. Mr.Parag Vyas a/w Mr.J.B. Mishra for respondents in WP 4637/21, 4636/21 and 4639/2021.
...
CORAM : K.K. TATED & PRITHVIRAJ K. CHAVAN, JJ.
DATE : 30th AUGUST, 2021.
P.C.
1. Heard learned Counsel for parties.
2. By this petition under Article 226 of the Constitution of India, the petitioners are challenging office memorandums dated 28.06.2017, 27.12.2018 and 19.06.2020 issued by the Under Secretary to the Government of India, Ministry of Agriculture and Farmers Welfare Department of Agriculture, Cooperation and Farmers Welfare for relaxation of fumigation regulations for import of agricultural commodities..
3. Learned Counsel for the petitioner submits that similar office memorandum is challenged by other petitioners before Madaras High Court as well as Gujrat High Court. He submits that both the 4 of 6 WP-4637-2021.doc High Courts stayed clause (iii) of said office memorandum which reads thus;
(iii) Penal fee in respect of those consignments will be charges, as prescribed in the PQ Order 2003.
4. Learned Counsel for the petitioner placed on record order dated 21.02.2019 passed by the High Court of Gujrat at Ahmedabad in the matter of Agarwal Teak International Pvt. Ltd. Versus UOI, R/Special Civil Application No.3349/2019. He submits that in the interest of justice, this Court be pleased to grant stay to condition no.3 of said office memorandum.
5. On the other hand, learned Counsel appearing on behalf of the respondent submits that they require some time to file their reply.
6. In view of this, following order is passed.
:ORDER:
a) Respondents to file their reply on or before 13.09.2021 with copy to other side.
b) Rejoinder, if any, to be filed on or before 20.09.2021 with copy to other side.
5 of 6 WP-4637-2021.doc
c) Matter to appear on board on 27.09.2021.
d) Till next date, respondents are restrained from taking any action against petitioner on the basis of Clause no.
(iii) as reproduced above on office memorandums dated 28.06.2017, 27.12.2018 and 19.06.2020 issued by the Under Secretary to the Government of India, Ministry of Agriculture and Farmers Welfare Department of Agriculture, Cooperation and Farmers Welfare. [PRITHVIRAJ K. CHAVAN, J.] [K. K. TATED, J.] 6 of 6