Balkrishna Industries Ltd vs The State Of Maharashtra And Ors
2022 Latest Caselaw 2188 Bom

                                                                        36-ASWP-2091-2022.DOC




                      Arun



                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION
                                    WRIT PETITION NO. 2091 OF 2022


                      Balkrishna Industries Ltd                                  ...Petitioner
                            Versus
                      The State of Maharashtra & Ors                          ...Respondents


                      Mr Prakash Shah, with Jas Sanghvi, i/b PDL Legal, for the
                          Petitioner.
                      Mr PG Sawant, AGP, for the State.


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

                                            DATED:        3rd March 2022
                      PC:-

1. Rule, returnable on 14th June 2022.

2. This mater will be covered by the order that we have passed at page 94, Exhibit "G" to the Petition in a similar matter. The order reads thus:

ARUN "1. On 15th December 2021 in Writ Petition (L) No. RAMCHNDRA SANKPAL 12718 of 2021 we passed the following order: Digitally signed by ARUN RAMCHNDRA "1. In view of the decision of the Gujarat High Court of SANKPAL Date: 2022.03.04 12:33:39 +0530 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

3rd March 2022 36-ASWP-2091-2022.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."

2. We pass the same order in the present Petitions by issuing Rule and permitting hamdast. We also grant interim stay in terms of prayer clause (d).

3. Leave to amend the present Petitions. Amendment be carried out within two weeks without need of reverification."

3. For these reasons, there will be an identical order in this Petition too.

3rd March 2022 36-ASWP-2091-2022.DOC

4. Hamdast permitted.

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

3rd March 2022