Jaguar Land Rover India Limited vs The State Of Maharashtra And 5 Ors
2022 Latest Caselaw 4022 Bom

                                                                         915-OSWPL-11453-2022.DOC




                      Shephali



                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  ORDINARY ORIGINAL CIVIL JURISDICTION
                                      WRIT PETITION (L) NO. 11453 OF 2022


                      Jaguar Land Rover India Limited                               ...Petitioner
                            Versus
                      The State of Maharashtra & Ors                             ...Respondents


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


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

                                                DATED:        13th April 2022
SHEPHALI              PC:-
SANJAY
MORMARE
Digitally signed by
SHEPHALI
SANJAY
MORMARE
Date: 2022.04.13

1. We have passed orders in similar matters before. Copies of 15:12:56 +0530

these orders are annexed to the Petition. An identical order will have to be made in this Petition as well.

2. Consequently, we reproduce 8th February 2022 order.

"1. Respondent Nos. 1 and 2 waive service. Humdast is permitted for service on Respondents Nos. 3 and 4.

2. The present matter is similar to other matters where we have already made an order on 15th December

13th April 2022 915-OSWPL-11453-2022.DOC

2021 in Writ Petition (L) No. 12718 of 2021, which reads thus:

"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.

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)

13th April 2022 915-OSWPL-11453-2022.DOC

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."

3. In view of this, we pass a similar order in the present matter also.

4. We also grant an interim stay in terms prayer clause

(c). Rule is similarly made returnable on 17th March 2022.

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

3. Here in this Petition, we grant interim stay in terms of prayer clause (C).

4. Rule made returnable in all these matters on 17th June 2022.

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

13th April 2022