Bombay High Court
My Own Eco Energy Pvt Ltd vs The Union Of India And 6 Ors on 11 May, 2022
Bench: A.K. Menon, N. R. Borkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 14464 OF 2022
My Own Eco Energy Pvt. Ltd. ... Petitioner
vs.
The Union of India and 6 Ors. ... Respondents
Mr. S. C. Naidu i/b. Mr. Vishwajeet Mohite a/w Mr. Ketan Joshi and Mr.
Shahuraj Patil for the Petitioner.
Mr. Vijay Kantharia i/b. Mr. Dhanesh Shah for the Respondent.
CORAM : A.K. MENON &
N. R. BORKAR , JJ.
DATE : 11th MAY, 2022
VACATION COURT
P.C.:
1. The challenge in this petition is to the letter dated 27 th August, 2020 and Guidelines dated 30th April, 2019 issued by Union of India through Ministry of Petroleum and Natural Gas in the matter of production and sale of Biodiesel. In the instant case the petitioners product is known as 'INDIZEL'. The grievance of the petitioner as set out in the petition is that the business of production and sale of INDIZEL is perfectly legal permissible RAJESHWARI RAMESH PILLAI under the relevant statutes and does not violate the Motor Spirit and High Digitally signed by RAJESHWARI RAMESH PILLAI Date: 2022.05.11 18:13:56 +0530 1/3 5-WPL-14464-2022.odt rrpillai Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices) order dated 19 th December, 2005. ['2005 Order']
2. At the hearing today Mr Naidu learned counsel appearing in support pointed out that a representation has been made on the facts of the petitioner case on 27th April, 2022 and further that this representation is yet to be heard. In the meanwhile he submits that he is entitled to some protection till the representation is heard. Mr. Naidu points out that in similar matters there are petitions pending in this court including Writ Petition (L) No. 3297 of 2014 wherein on 3rd February, 2015 the court has formed a prima facie view that on the basis of Section 3(5) of the 2005 Order, action cannot be taken against the petitioner, who is dealing with manufacturing, storage, distribution and sale of biodiesel which does not fall within the definition of petroleum or petroleum products. Writ Petition (L) No. 3297 of 2014 is still pending and the respondents were directed not to take any coercive steps without leave of the court. Mr. Naidu states that similar order can be passed in the present petition.
3. Considering the fact that the petitioner's representation is now pending with the appropriate authority and that representation is yet to be decided, it will be sufficient if that representation is decided expeditiously and in any event within reasonable time, granting liberty to the petitioner to seek relief in the event the decision is against the petitioner. In that view of the matter we pass the following order:
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(i) The respondent shall decide the petitioners' representation dated 27th April, 2022 after granting personal hearing to the petitioner and shall pass appropriate orders within a period of six weeks from today. The petitioner shall be given a personal hearing by the concerned authority, viz.
Secretary Ministry of Petroleum and Natural Gas. .
(ii) In the event the representation is decided against the petitioner it will not be acted upon for a further period of four weeks. The petitioner is granted liberty to challenge any order passed if its adverse to it.
(iii) Rule is made absolute in the above terms . (iv) In the meantime no coercive steps will be taken against the petitioner
till the representation is decided and for four weeks thereafter.
(v) Parties shall act on an authenticated copy of this order.
(N. R. BORKAR, J.) (A. K. MENON, J.)
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