Citation : 2021 Latest Caselaw 12790 Bom
Judgement Date : 7 September, 2021
20. wp 5130.21
Urmila Ingale
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed
CIVIL APPELLATE JURISDICTION
URMILA by URMILA
PRAMOD
PRAMOD INGALE
Date:
INGALE 2021.09.08
14:47:56 +0530
WRIT PETITION NO. 5130 OF 2021
Fine Exime Private Limited .... Petitioner
Vs.
Union of India and ors. ..... Respondents
Mr.Prashant Mishra, for the petitioner
Mr.Lilesh P. Sawant, for the respondent nos. 1 to 3.
C0RAM : DIPANKAR DATTA, CJ &
M.S. KARNIK, J.
DATE : SEPTEMBER 7, 2021
P.C. :
1. The order impugned in this writ petition is dated
August 4, 2021.
2. Upon hearing an interim application filed in the earlier
writ petition of the petitioner, a co-ordinate Bench [of which
one of us (Chief Justice) was a member], reserved
judgment on August 3, 2021. The judgment was ultimately
pronounced on August 10, 2021 partly allowing the writ
petition. Without waiting for pronouncement of the
20. wp 5130.21
judgment, the impugned order has been passed concerning
the issue which was involved in the earlier round of
litigation. It was not disclosed on the date the judgment
was pronounced (at least to the memory of the Chief
Justice) that an order was passed on August 4, 2021
initiating proceedings against the petitioner which,
practically, renders the relief granted nugatory. Prima facie,
we are of the view that the impugned order interferes in the
administration of justice. However, instead of taking further
steps today to deal with the officer who has passed the
impugned order in accordance with the relevant law, we
propose to adjourn hearing since it is reported that Mr.Jetly,
learned senior advocate who has been engaged on behalf of
the respondents, is not available today. List the writ petition
once again on September 14, 2021.
3. We hope and trust that the respondents shall heed to
wise counsel and take appropriate remedial action in the
meanwhile.
(M.S. KARNIK, J.) (CHIEF JUSTICE)
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