Samir Jain And Anr vs The Union Of India And 2 Ors
2021 Latest Caselaw 3317 Bom

(3)-WP-2480-18.doc.

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

                    WRIT PETITION NO.2480 OF 2018

Samir Jain & Anr.                                             ..Petitioners
      Versus
Union of India & Ors.                                         ..Respondents

Mr. Sujay Kantawala a/w Mr. Prasad Borkar, Mr. Sujit Sahoo, Mr. Aditya
Talpade i/by L. S. Shetty, for the Petitioners.
Mr. Pradeep S. Jetly, Senior Advocate a/w Mr. J. B. Mishra, for the
Respondents.

                                   CORAM : UJJAL BHUYAN &
                                            MILIND N. JADHAV, JJ.

DATE : 22nd FEBRUARY, 2021

P.C.

Heard Dr. Sujay Kantawala, learned counsel for the petitioners.

2. Issue notice returnable six weeks.

3. Mr. J. B. Mishra, learned counsel assisting Mr. Pradeep S. Jetly, learned senior counsel waives notice for the respondents.

4. Let the respondents file their reply affidavit by the next date.

5. Dr. Sujay Kantawala has circulated the recent judgment of the Supreme Court in Unitech Limited and Ors. Vs. Telangana State Industrial Infrastructure Corporation (TSIIC) & Ors., 2021 SCC Online SC 99 when

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a query was put to him as to why petitioners have not filed appeal. Referring to the said judgment he submits that the order in original is a perverse order inasmuch as it has not considered relevant materials on record besides not granting cross-examination to the petitioners. That apart relevant documents were not furnished to the petitioners, thus being in violation of the principles of natural justice.

6. Be that as it may, after the pleadings are complete, list this matter on 15.04.2021.

Balaji G.

Panchal Digitally signed by

MILIND N. JADHAV, J UJJAL BHUYAN, J Balaji G. Panchal Date: 2021.02.23 13:40:27 +0530

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