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Bombay High Court

M/S. Ruchi Soya Industries Ltd vs State Of Maharashtra And Ors on 20 July, 2023

Author: Neela Gokhale

Bench: G.S. Patel, Neela Gokhale

                                                904 TO 907-ASWP-1254-2023+.DOC




                                                                               Ganesh



    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION
                    WRIT PETITION NO. 1254 OF 2023


 Ana Oils & Fats India Private Limited                              ...Petitioner
        Versus
 State of Maharashtra
 Through Department of Registration & Stamps                     ...Respondent

                           WITH
               WRIT PETITION NO. 1253 OF 2023
                           WITH
               WRIT PETITION NO. 1252 OF 2023
                           WITH
               WRIT PETITION NO. 1251 OF 2023
                           WITH
               WRIT PETITION NO. 1250 OF 2023
                           WITH
               WRIT PETITION NO. 1925 OF 2022
                           WITH
               WRIT PETITION NO. 2091 OF 2022
                           WITH
               WRIT PETITION NO. 4356 OF 2021
                           WITH
         INTERIM APPLICATION (ST) NO.16012 OF 2023
                           WITH
            INTERIM APPLICATION NO.19548 OF 2022
                           WITH
            INTERIM APPLICATION NO.30038 OF 2022
                           WITH
          INTERIM APPLICATION (ST) NO.3354 OF 2023


                                Page 1 of 13
                               20th July 2023


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                          WITH
          INTERIM APPLICATION (ST) NO.2756 OF 2023
                          WITH
          INTERIM APPLICATION (ST) NO.7672 OF 2022
                          WITH
               WRIT PETITION NO. 6977 OF 2022
                          WITH
               WRIT PETITION NO. 7521 OF 2022
                          WITH
               WRIT PETITION NO. 7508 OF 2022
                          WITH
              WRIT PETITION NO. 10167 OF 2022
                          WITH
               WRIT PETITION NO. 6040 OF 2021
                          WITH
            INTERIM APPLICATION NO.251 OF 2023
                          WITH
            INTERIM APPLICATION NO.250 OF 2023
                          WITH
              WRIT PETITION NO. 11041 OF 2022
                          WITH
              WRIT PETITION NO. 11352 OF 2022
                          WITH
              WRIT PETITION NO. 11419 OF 2022
                          WITH
              WRIT PETITION NO. 11351 OF 2022
                          WITH
               WRIT PETITION NO.9621 OF 2021
                          WITH
              WRIT PETITION NO. 12581 OF 2022
                          WITH
               WRIT PETITION NO.12770 OF 2022
                          WITH


                                Page 2 of 13
                               20th July 2023


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              WRIT PETITION NO. 13006 OF 2022
                          WITH
              WRIT PETITION NO. 12696 OF 2022
                          WITH
           INTERIM APPLICATION NO.30038 OF 2022
                           IN
               WRIT PETITION NO.4356 OF 2021
                          WITH
              WRIT PETITION NO. 1254 OF 2023
                          WITH
             WRIT PETITION (ST) NO.381 OF 2023
                          WITH
         INTERIM APPLICATION (ST) NO.6626 OF 2023
                          WITH
              WRIT PETITION NO.2580 OF 2023
                          WITH
               WRIT PETITION NO.152 OF 2023
                          WITH
               WRIT PETITION NO.153 OF 2023
                          WITH
              WRIT PETITION NO.2584 OF 2023
                          WITH
               WRIT PETITION NO.3657 OF 2023
         (ORDINARY ORIGINAL CIVIL JURISDICTION)
              WRIT PETITION NO.3884 OF 2021
                          WITH
               WRIT PETITION NO. 532 OF 2022
                          WITH
             WRIT PETITION (L) NO.487 OF 2022
                          WITH
             WRIT PETITION (L) NO. 504 OF 2022
                          WITH
               WRIT PETITION NO. 781 OF 2018


                                Page 3 of 13
                               20th July 2023


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                          WITH
              WRIT PETITION NO. 1163 OF 2022
                          WITH
             WRIT PETITION (L) NO. 2342 OF 2023
                          WITH
              WRIT PETITION NO. 1157 OF 2022
                          WITH
          INTERIM APPLICATION (L) NO.15764 OF 2022
                          WITH
              WRIT PETITION NO. 1132 OF 2022
                          WITH
              WRIT PETITION NO. 1574 OF 2023
                          WITH
              WRIT PETITION NO. 1290 OF 2023
                          WITH
              WRIT PETITION NO. 1013 OF 2023
                          WITH
             WRIT PETITION (L) NO.5871 OF 2023
                          WITH
              WRIT PETITION NO. 1996 OF 2018
                          WITH
             WRIT PETITION (L) NO. 7193 OF 2023
                          WITH
             WRIT PETITION (L) NO.7239 OF 2023
                          WITH
              WRIT PETITION NO.1090 OF 2023
                          WITH
             WRIT PETITION (L) NO.7781 OF 2023
                          WITH
             WRIT PETITION (L) NO.8607 OF 2023
                          WITH
             WRIT PETITION (L) NO.8950 OF 2023
                          WITH


                                Page 4 of 13
                               20th July 2023


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               WRIT PETITION NO. 4218 OF 2022
                          WITH
               WRIT PETITION NO.3364 OF 2022
                          WITH
               WRIT PETITION NO.3375 OF 2022
                          WITH
             WRIT PETITION (L) NO.9508 OF 2023
                          WITH
             WRIT PETITION (L) NO.9960 OF 2023
                          WITH
               WRIT PETITION NO.3264 OF 2022
                          WITH
          INTERIM APPLICATION (L) NO.20064 OF 2022
                          WITH
               WRIT PETITION NO.1819 OF 2022
                          WITH
          INTERIM APPLICATION (L) NO.20026 OF 2022
                          WITH
             WRIT PETITION (L) NO.11152 OF 2022
                          WITH
               WRIT PETITION NO.4275 OF 2022
                          WITH
               WRIT PETITION NO.4266 OF 2022
                          WITH
             WRIT PETITION (L) NO.11769 OF 2023
                          WITH
               WRIT PETITION NO.412 OF 2023
                          WITH
               WRIT PETITION NO.514 OF 2023
                          WITH
               WRIT PETITION NO.2487 OF 2022
                          WITH
               WRIT PETITION NO.525 OF 2023


                                Page 5 of 13
                               20th July 2023


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                             WITH
                  WRIT PETITION NO.385 OF 2023
                             WITH
                  WRIT PETITION NO.422 OF 2023
                             WITH
                WRIT PETITION (L) NO.17566 OF 2022
                             WITH
                 WRIT PETITION NO.2858 OF 2022
                             WITH
                 WRIT PETITION NO.1542 OF 2023
                             WITH
                 WRIT PETITION NO.2521 OF 2018
                             WITH
                  WRIT PETITION NO.560 OF 2023
                             WITH
                 WRIT PETITION NO.4886 OF 2022
                             WITH
                  WRIT PETITION NO.510 OF 2021
                             WITH
                WRIT PETITION (L) NO.22235 OF 2022
                             WITH
                 WRIT PETITION NO.1589 OF 2023
                             WITH
                 WRIT PETITION NO.2891 OF 2017
                             WITH
                WRIT PETITION (L) NO.23846 OF 2022
                             WITH
                WRIT PETITION (L) NO.23927 OF 2022
                             WITH
                WRIT PETITION (L) NO.24973 OF 2022
                             WITH
                  WRIT PETITION NO.64 OF 2023
                             WITH


                                Page 6 of 13
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                 WRIT PETITION NO.3578 OF 2018
                             WITH
                WRIT PETITION (L) NO.26947 OF 2022
                             WITH
                  WRIT PETITION NO.119 OF 2023
                             WITH
                  WRIT PETITION NO.124 OF 2023
                             WITH
                 WRIT PETITION NO.3433 OF 2019
                             WITH
                 WRIT PETITION NO.1537 OF 2023
                             WITH
                 WRIT PETITION NO.4045 OF 2022
                             WITH
                 WRIT PETITION NO.3513 OF 2018
                             WITH
                  WRIT PETITION NO.50 OF 2023
                             WITH
                 WRIT PETITION NO.1544 OF 2023
                             WITH
                  WRIT PETITION NO.145 OF 2023
                             WITH
                 WRIT PETITION NO.4587 OF 2022
                             WITH
                 WRIT PETITION NO.4847 OF 2022
                             WITH
                 WRIT PETITION NO.420 OF 2023
                             WITH
                 WRIT PETITION NO.4490 OF 2023
                             WITH
                 WRIT PETITION NO.4401 OF 2022
                             WITH
              INTERIM APPLICATION NO.1540 OF 2023


                                Page 7 of 13
                               20th July 2023


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                               WITH
                    WRIT PETITION NO.4824 OF 2022
                               WITH
                    WRIT PETITION NO.1494 OF 2023
                               WITH
                    WRIT PETITION NO.1546 OF 2023
                               WITH
                    WRIT PETITION NO.463 OF 2023
                               WITH
                     WRIT PETITION NO.90 OF 2023
                               WITH
                    WRIT PETITION NO.122 OF 2023
                               WITH
                    WRIT PETITION NO.127 OF 2023
                               WITH
                    WRIT PETITION NO. 3657 OF 2023
                               WITH
                      WRIT PETITION 4823 OF 2023


 Mr Nishit Dhruva, with Niyati Merchant, Yash Dhruva & Harsh
     Sheth i/b MDP & Partners, for the Petitioner in WP 1544/2023,
     WP 50/2023,, WP 121/2013, WP 463/2023, WP1290/2023,
     WP 1564/2023, WP 1574/2023, WP 124/2023, WP 64/2023,
     WP 4266/2022, WP 525/2023, WP 422/2023, WP 412/2023,
     WP 2487/2022, WP 385/2023, WPL 487/2021, WP 1163/2022,
     WP 1132/2022, WP 3364/2022, WPL 504/2022, WP
     1157/2022, WP 4218/2022, WP 3375/2022, WP/89/2023,
     WPL 24973 2022, WP 1542/2023, WPL 22235/ 2022, WPL
     23846 2022, WP 3375/ 2022, WPL 504/2022.
 Mr Navroze Seervai, Senior Advocate, with Yash Momaya, Nishit
     Dhruva, Niyati Merchant, Yash Dhruva & Harsh Sheth i/b
     MDP & Partners, for the Petitioner in WP 3264 of 2022, 1537,
     26947, 11152, 514, 4275, 17566, 532, 1819 /2022,& WP
     420,119, 1494, 560 /2023.


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                               20th July 2023


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 Mr Vikram Nankani, with Ashish Roa, Nishit Dhruva, Niyati
      Merchant, Yash Dhruva & Harsh Sheth i/b MDP & Partners, for
      the Petitioner in WP 3884 /2021.
 Mr Ashok Singh, with Mahi Lalka, for the Petitioner in WP 2858
      /2022.
 Mr Gopal Mundhra, with Ginita Bodani, Shrey Bharadwaj i/b
      Economic Laws Practice, for the Petitioner in WP 2580, 2584
      /2023.
 Ms Ishita Pokale, i/b Sanjiv Sawant, for the Petitioner in WP
      4823 /2023.
 Mr Raghavendra S Mehrotra i/b Lawkhart Legal Advocates & Legal
      Consultants, for the Petitioner in WPL 23927 /2022.
 Mr Santosh Mishra, i/b Kochhar & Co, for the Petitioner in WP
      145 /2023.
 Mr Nikhil Adkine, i/b Anukul Seth, for the Petitioner in WP 3657
      /2023.
 Mr Damodar Vaidya, with Sandeep Sachdeva & Devang Bhasin,
      Mayank Goyal, Devika Madekar & Mukund Madekar i/b
      Madekar & Co, for the Petitioner in WP 11769, 9508, 9960,
      16917, 16923 /2023.
 Mr JC Patel, with Prakash Shah, Jas Sanghavi & Revati S Nansi, i/b
      PDS Legal for the Petitioner in WP 9621/2021, WP 7521, 10167,
      11352, 11351, 12581, 13006, 1925, 7508, 11041, 11419, 2091,
      6977, 12696, 12770 of 2022, WP 1253, 1251, 1254, 1252, 1250,
      152 & 153/2023, .
 Mr Prasannan Namboodiri, Tejal Darekar, Rishabh Sinha, for the
      Petitioner in WP 4587/2022, WP 4490/2022, WP 127/2023,
      WP 4824/2022, WP 122/2023, WPST 5871/2023, WPST
      8607/2023, WPST 8950/2023.
 Ms Akshita Shetty, i/b Khetan & Co, for the Petitioner in WPST
      381/2023 with IAST 6626/2023.
 Mr MP Sharma, with Saket R Ketkar, for Respondents No.4 & 5 in
      WP/1251/2023.
 Mr Saket Ketkar, with MP Sharma, for Respondents No.3 & 4 in
      WP/1253/2023.
 Ms Mamta Omle, with MP Sharma, for Respondent No.4 in
      WPL/9508, 5871 & 9960/2023 & for Respondents No.3 & 4
      WP/ 1290/2023. WP/1573/2023, for Respondent &.


                                Page 9 of 13
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 Mr Jitendra B Mishra, with Ashutosh Mishra, for Respondents-
      CGST/Customs in OSWP/ 10167, 11041, 11352, 1157, 4275,
      17566, 1589, 26947/2022 & OSWP/ 119/2023.
 Mr Jitendra B Mishra, with Ashutosh Mishra, for Respondents-
      CGST/Customs in CWP/10167, 11041, 11352/22.
 Mr YR Mishra,with Sashi Bekal, for Respondent No.4-UOI in WP/50,
      1544 /2023, .
 Mr YR Mishra, for Respondent-UOI in WP/2580/2023.
 Mr Dharnendra Kumar Rana, in WP/4847/2022 & WP 1013/2023.
 Mr Karan P Adik, for Respondent No.3-Customs in WP 1546/2023.
 Mr Rui Rodrigues, with DP Singh, for Respondent No.1-UOI in WP
      4356/2021.
 Ms Neeta Masurkar, with Ruju R Thakkar, for Respondent-UoI in
      WP 412/2023, WP 385/2023, WP 422/2023, WPL
      17566/2022, WP 2858/2022, WP 1589/ 2023, WPL
      22235/2022, WPL 23846/2022, WP 4587/2022, WPL
      23927/2022, WPL 24973/2022, WP 4045/2022, WP 50/2023,
      WP 1544/2023, WP 145/2023, WP 420/2023, WP 1494/2023,
      WP 1546/2023, WP 463/2023, WP 127/ 2023, WP 1254/ 2023,
      WPST 381/2023, IAST 6626/2023, WP 1253/2023 WP 1925
      2022, WP 6977 2022, WP 7521/2022, WP 7508/2022, WPL
      10167/2022, WP 12581/2022, WP 152/2023, WPL
      18022/2022, WP 560/2023, WP 23214/2022, WPL
      30601/2022, WPL 31098/2022, WP 4490/2022, WP
      4824/2022, WPL 35036/2022, WPL 35848/2022.
 Mr Birendra Saraf, Advocate General, with PP Kakade, GP, VM
      Mali, AGP, for the Respondent-State in IAL/30500/2022.
 Mr Advait Sethna, with Poushali R & Sandeep Raman, for the
      Respondent-UoI.
 Ms Maya Majumdar, with JB Mishra, for Respondent No.3 in
      WP/3884/2021.
 Mr Danish Qureshi, i/by M/s. Mahimtura & Co., for Respondent
      Nos.4 & 5 in WP/1085/2023.
 Mr Birendra Saraf, Advocate General, with Jyoti Chavan, AGP,
      Vaibhav Charalwar, for the Respondent-State in WP 3884/2021,
      WPL 5871/2023, WP 1996/2018, WPL 8607/2023, WPL
      11152/2022, WPL 11769/2023, WP 2487/2022 & WP
      525/2023.


                               Page 10 of 13
                               20th July 2023


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 Mr Birendra Saraf, Advocate General, with Kedar Dighe, AGP,
       Vaibhav Charalwar, for the Respondent-State in WP 587/2023,
       WP 1996/2018, WPL 11152/2022, WPL 11769/2023, WP
       2487/2022 & WP 528/2023, WP 153/2023, WP 532/2022,
       WPL 487/2022, WPL 504/2022, WP 1163/2022, WPL
       8950/2023, WP 3364/2022, WP 3375/2022, WPL 9508/2023,
       WPL 9960/2023, WP 3264/2022, WP 1819/2022, WP
       4275/2022, WP 4266/2022, WP 385/2023, WP 422/2023,
       WPL 17566/2022, WP 1542/2023, WP 560/2023, WPL
       22235/2022, WP 1589/2023, WPL 23846/2022, WPL
       23927/2022, WPL 24973/2022, WP 64/2023, WPL
       26947/2022, WP 119/2023, WP 124/2023, WP 1537/2023, WP
       50/2023, WP 1544/2023, WP 145/2023, WP 4847/2022, WP
       420/2023, WP 4824/2022, WP 1494/2023, WP 1546/2023 &
       WP 463/2023, WP 16934/2023, WPL 16917/2023
 Dr Birendra Saraf, Advocate General, with Amit Shastri, AGP&
       Vaibhav Charalwar for the Respondents-State in WP/781/2018.
 Dr Birendra Saraf, Advocate General, with MA Sayed, AGP&
       Vaibhav Charalwar for the Respondents-State in WP/1163/2022.
 Dr Birendra Saraf, Advocate General, with MA Sayed, AGP&
       Vaibhav Charalwar for the Respondents-State in WP/1163/2022.
 Dr Birendra Saraf, Advocate General, with LT Satelkar, AGP&
       Vaibhav Charalwar for the Respondents-State in WP/1157/2022
       & WP/514/2023.
 Dr Birendra Saraf, Advocate General, with PH Kantharia, GP&
       Vaibhav Charalwar for the Respondents-State in WP/1013/2023.
 Dr Birendra Saraf, Advocate General, with Abhay L Patki, Addl.
       GP & Vaibhav Charalwar for the Respondents-State in WPL
       7193/2023, WPL/7781/2023 & WP/3513/2018.
 Dr Birendra Saraf, Advocate General, with Milind More, Addl. GP
       & Vaibhav Charalwar for the Respondents-State in
       WPL/7239/2022, WP/1090/2022, WP/412/2023 &
       WP/4045/2022.
 Dr Birendra Saraf, Advocate General, with Sukanta Karmakar,
       AGP & Vaibhav Charalwar for the Respondents-State in
       WP/2858/2022
 Dr Birendra Saraf, Advocate General, with Manish Upadhye



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         AGP& Vaibhav Charalwar for the Respondents-State in
         WP/122/2023
 Mr Satyaprakash Sharma, for Respondent No. 3 in WP/119/2023 &
      WP/124/2023.
 Ms Shehnaz V Bharucha, with Satyaprakash Sharma, for
      Respondent No. 4 in WP/119/2023, WP/124/2023,
      WP/124/2023, WP/1537/2023 & WP/11352/2022.
 Mr Karan Adik, with Satyaprakash Sharma, for Respondent No. 7 in
      WP/2584/2023.
 Mr Amit Meharia, with Paramita Banerjee, Shubham Sawant, Sweta
      Jalgaonkar, Suith Sure4sh, i/b Meharia & Co, for Respondent
      No. 5 & 6 in WPL 35036/2022.
 Ms Shehnaz V Bharucha, with Padmakar Patkar, for Respondent No.
      4 in WP 119/ 2023, WP 124/ 2023 & WP 1537/2023.
 Ms Shehnaz V Bharucha, with Genny Fernandes, for Respondent No.
      4 in WP 11351/2022.
 Ms Shehnaz V Bharucha, with Satyaprakash Sharma, for
      Respondent No. 4 in WP 11352/2022.
 Mr Umesh Gupta, with Sangeeta Yadav, for Respondent No. 3 in WP
      3884/2022, WP 532/2022, WP(L) 487/2022, WP(L)
      504/2022, WP 1163/2022, WP(L) 2342/2023, WP 1157/ 2022,
      IAL 15764/ 2022, WP 1132/2022, WP(L) 7781/2023,WP
      4218/2022, WP 3364/2022 WP 3375/ 2022, WP (L)
      9508/2023, WP 3264/2022, IA(L) 20064/2022, WP
      1819/2022, IA(L) 20026/2022, WP(L) 11152/2022 WP
      4275/2022, WP 4266/2022, WP 514/2023, WP 2487/2022,
      WP 525/2023, WP(L) 17566/2022, WP 1542/2023, WP(L)
      22235/2022, WP 1589/2023, WP(L) 23846/2022, WP (L)2
      6947/2022, WP 2091/2022 & WP 10167/2022.
 Mr Advait Sethna, with Ruju R Thakkar, Poushali R & Sandeep
      Raman, for the Respondent No.4 in WPL 24973/ 2022, WP 64/
      2023, WP 124/ 2023, WP 4045/2022 & for Respondent No5 in
      WPL 26947/ 2022, WP 119/ 2023, WPL 30601/ 2022, WP 50/
      2023, WPL 31098/ 2022, WP 420/2023, WP 35036/2022.
 Ms Ruju R Thakkar, for Respondent No.3 in WP 122/ 2023, for
      Respondents No. 3 & 4 in WP 145/2023, & Respondent Nos. 4 &
      5 in WP/12770/2022, WP 13006/2022 & WP 12696/2022 &



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         Respondent No. 5 in WP 11041/2022 & for Respondent-Customs
         General in WP 152/2023 & 153/2023.


                               CORAM: G.S. Patel &
                                      Neela Gokhale, JJ.

DATED: 20th July 2023 PC:-

1. Part heard.
2. Stand over to 21st July 2023 for further hearing.
3. Previous ad-interim orders, if any, to continue until then.

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