Sunil J Patel vs Union Of Inida Thr. Secretary ...
2022 Latest Caselaw 569 Bom

                                                               16-wp2078-21c.doc

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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CIVIL APPELLATE JURISDICTION


                       WRIT PETITION NO.2078 OF 2021
                                   WITH
                       WRIT PETITION NO.2096 OF 2021


      Sunil J. Patel                                          ...Petitioner
                 V/s.
      Union of India & Ors.                                   ...Respondents


      Dr.Sujay Kantawalla with Mr.Sujit Sahoo and Mr.Yogesh Rohira for
      the Petitioner in both the Writ Petitions.

      Mr.Pradeep Jetly, Senior Counsel with Mr.J.B. Mishra for the
      Respondent Nos.1 to 4 in both the Writ Petitions.

      Mrs.S.V. Bharucha with Ms.Priyanka Dhavan i/b A.A. Ansari for the
      Respondent No.5 in both the Writ Petitions.

                                CORAM : R.D. DHANUKA &
                                        S.M. MODAK, JJ.

DATE : 17TH JANUARY, 2022.

(THROUGH VIDEO CONFERENCE) P.C. :-

1. By an order dated 10th January, 2022 passed by this

Bench in Writ Petition No.5022 of 2021, this Court already granted

interim protection in favour of the petitioner therein till 31 st March,

2022. Mr.Jetley, learned senior counsel for the respondent nos.1 to 4

states that the facts in these two petitions are different than the facts

in Writ Petition No.5022 of 2021 and thus the order passed by this

Court on 10th January, 2022 granting interim protection in Writ

16-wp2078-21c.doc

Petition No.5022 of 2021 shall not be granted in these two writ

petitions. Statement is accepted. This Court will consider this

argument on the next date.

2. We direct the respondents and their sub-ordinate officers

not to proceed with the impugned orders and shall not take any

coercive steps against the petitioner based on those orders. The

respondents are at liberty to apply for vacating the order in the event

of the order passed by the Hon'ble Supreme Court in the review

petition in their favour thereby recalling the judgment in case of

M/s.Canon India Private Limited. If the review petition is not

decided on or before 31st March, 2022, the petitioner would be at

liberty to apply for continuation of the ad-interim order.

3. Place both the writ petitions on board for directions on 28 th

March, 2022 along with Writ Petition No.5533 of 2022 and Writ

Petition No.5022 of 2021. If the affidavit in reply is not filed by any of

the respondents, the same shall be filed in advance with a copy to

be served upon the petitioner's counsel.

(S.M. MODAK, J.)                                  (R.D. DHANUKA, J.)

                       Digitally signed by
     VASANT            VASANT ANANDRAO
     ANANDRAO          IDHOL
                       Date: 2022.01.18
     IDHOL             11:58:34 +0530