Welspun Global Brands Ltd. And 2 ... vs Union Of India And 3 Ors
2017 Latest Caselaw 3066 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                           ORDINARY ORIGINAL CIVIL JURISDICTION

                                    WRIT PETITION NO. 2157 OF 2016

Welspun Global Brands Ltd. & Ors.                                                             ...           Petitioners
           V/s.
Union of India & Ors.                                                                         ...           Respondents


      • Mr.Vikram Nankani, Senior Counsel a/w. Mr.Vishal Agarwal,
        Ms.Isha   Shah   and   Mr.Ashutosh   Mishra   i/b.   Mr.Prabhakar   K.
        Shetty for the Petitioners.
      • Mr.Pradeep   S.   Jetly   a/w.   Mr.Aswini   R.   Singh   for   the
        Respondents.


                                   CORAM   : S.V. GANGAPURWALA  AND 
                                             G.S. KULKARNI, JJ.

                                   DATE       : 12th JUNE, 2017.


ORAL JUDGMENT :

1]                     Rule. Rule made returnable forthwith.  With the consent

of parties taken up for final hearing.



2]                     We have heard Mr.Nankani, learned Senior Counsel for

the Petitioners and Mr.Jetly, learned Senior Counsel for the

Respondents.

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3]                     The Petitioners assails the letter dated 18th  March, 2016

issued by the Respondents thereby refusing to give the benefit to the

Petitioners of the incentives which is claimed pursuant to

Notification No.43 (RE-2013)/2009-14 dated 25th September, 2013.

4] After hearing the learned counsel for the respective

parties, we need not record the exhaustive arguments. Suffice it to

state that this Court in Writ Petition No.2548 of 2016 has considered

the Notification No.43 (RE-2013)/2009-14 and had observed that

the same would also be covered by the judgment of Division Bench

of this Court in Writ Petition No.1750 of 2015, JSW Steel vs.

Union of India & Ors., along with Writ Petition No.2122 of 2015,

both decided on 25th January, 2016. This Court, thereafter,

disposed of the said Writ Petition. In the present Writ Petition also

this Court on 17th April, 2017 had adjourned the matter to enable the

learned counsel for the Respondents to point out as to how the

orders as referred to supra are inapplicable on the facts.

5] Upon hearing Mr.Jetly, learned Senior Counsel for the

Respondent, we find that the judgment in JSW Limited (supra)

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would also enure to the benefit of the present Writ Petition and the

said Notification relied on is also the subject matter in Writ Petition

No.2548 of 2016. We adopt the same recourse.

6] The Rule is, accordingly, made absolute in terms of the

judgment of the Division Bench of this Court in JSW Steel vs. Union

of India & Ors. (supra).

7] The Respondent shall comply within eight weeks from

today. No costs.

(G.S. KULKARNI, J.) (S.V. GANGAPURWALA, J.)