Tata Motors Passenger Vehicles ... vs The State Of Maharashtra And 3 Ors
2022 Latest Caselaw 3818 Bom

                                                                        49-OSWPL-10239-2022.DOC




                   Ashwini



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               ORDINARY ORIGINAL CIVIL JURISDICTION
                                   WRIT PETITION (L) NO. 10239 OF 2022


                   Tata Motors Passenger Vehicles Ltd                                ...Petitioner
                         Versus
                   The State of Maharashtra & Ors                                ...Respondents


                   Mr Nishit Dhruva, with Prakash Shinde, Niyati Merchant & Yash
                        Dhruva, i/b MDP & Partners, for the Petitioner.
                   Mr Himanshu Takke, AGP, for Respondent-State.


                                              CORAM          G.S. Patel &
                                                             Madhav J. Jamdar, JJ.

                                              DATED:         7th April 2022
                   PC:-

1. The Petition is similar to Writ Petition (L) No. 1278 of 2021 ASHWINI HULGOJI on which we made an order on 15th December 2021. A bunch of GAJAKOSH similar Petitions also received similar orders on 11th January 2022 Digitally signed by ASHWINI HULGOJI and 8th February 2022. Identical orders will have to be made in this GAJAKOSH Date:

2022.04.07 18:03:33 +0530 Petition. We reproduce the order of 15th December 2021.

"1. In view of the decision of the Gujarat High Court of 8th September 2011 in Letters Patent Appeal No. 6 of 2011, and the fact that there is pending Petition(s) for Special Leave to Appeal (Civil) No(s) 36159-36173 of 2011, we issue Rule.

7th April 2022 49-OSWPL-10239-2022.DOC

2. On account of the judgment of the Gujarat High Court we will be required to grant interim stay in terms of prayer clause (d) which reads thus:

"(d) Pending the hearing and final disposal of the present writ petition, this Hon'ble Court be pleased to direct the Respondents to immediately cease and desist from levying Stamp Duty on Bills of Entry for clearance of goods from Customs Notified Area, under Article 29 of Schedule I of the Maharashtra Stamp Act, 1958 or under any other Article or Section of the Maharashtra Stamp Act, 1958."

3. We note that the Supreme Court declined to stay the order of the Gujarat High Court in the SLP filed by the State of Gujarat. It is for this reason that we must grant the interim relief referred to above.

4. Mr Nankani clarifies that relevant prayer clause in the Petition is prayer clause (b), not prayer clause (a)

5. Leave to amend forthwith without need of reverification to include a formal averment that the Petitioner has demanded justice but justice has been denied.

6. Rule made returnable on 17th March 2022. Respondents Nos 1 and 2 waive service. Hamdast permitted for service on Respondent Nos 3, 4 and 5.

7. All concerned will act on production of a digitally signed copy of this order."

2. There will be an interim relief in terms of prayer clause (C).

3. This Petition is to be tagged along with the group.

7th April 2022 49-OSWPL-10239-2022.DOC

4. Liberty to file an Affidavit in Reply as and when and if ready.

(Madhav J. Jamdar, J) (G. S. Patel, J)

7th April 2022