Bombay High Court
Daimler Ag Germany A Joint Stock ... vs The Union Of India Thr The ... on 17 November, 2022
Bench: K.R. Sriram, Shri Arif Doctor
Digitally signed
by GAURI
GAURI AMIT
AMIT GAEKWAD
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GAEKWAD Date:
2022.11.21
11:20:52 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.10499 OF 2022
WITH
INTERIM APPLICATION (ST.) NO.12152 OF 2022
IN
WRIT PETITION NO.10499 OF 2022
Daimler AG, Germany & Anr. .....Petitioners
Vs.
The Union of India and Ors. .....Respondents
----
Mr. Prasad Paranjape i/b. Lumiere Law Partners for petitioners.
Mr. Karan Adik a/w. Mr. Ram Ochani for respondent nos.1 and 3.
Mrs. S.D. Vyas, B Panel Counsel for State.
----
CORAM : K. R. SHRIRAM &
A. S. DOCTOR, JJ.
DATED : 17th NOVEMBER 2022
P.C. :
INTERIM APPLICATION (ST.) NO.12152 OF 2022
1 Having considered the application and the documents annexed
thereto, interim application is allowed and accordingly disposed.
2 Leave to amend the cause title in the petition, Vakalatnama etc.
is granted. Amendment to be carried out and copy of the amended petition
to be served within one week from today.
WRIT PETITION NO.10499 OF 2022
3 Counsel state that the facts and circumstances in this case will
be squarely covered by the order passed by this Court on 27 th July 2022 in
Gauri Gaekwad
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group of writ petitions starting with Writ Petition No.8988 of 2022.
Paragraph 3 of the order dated 27th July 2022 reads as under :
3. In the circumstances, we dispose these Petitions with the
directions as contained in paragraph Nos.27 and 28 of the
Judgment in M/s. Mestra A. G. Switzerland (supra),, which read
as under :
"27. However, in the peculiar facts and circumstances, viz.
Pendency of this writ petition on the file of this Court for
quite some time and that a Constitutional issue touching
Article 286 of the Constitution is sought to be raised, we
are inclined not to relegate the petitioner to the first
appellate remedy but to give it opportunity to prefer an
appeal before the Tribunal directly, if it so chooses, so that
any infirmity in the impugned order can be brought to its
notice, including the decision of this Court in the case of
Mahyco Monsanto Biotech (India) Pvt. Ltd. (supra), for its
correction. It is ordered accordingly.
28. We make it clear that such appeal may not be
entertained unless the requisite pre-deposit is made by the
petitioner for preferring an appeal before the Tribunal.
There is a statement in the writ petition that the requisite
pre-deposit for approaching the first appellate authority
has already been made. If indeed that is so, it would
constitute half of the pre-deposit for filing an appeal
before the Tribunal. The balance pre-deposit together with
an acknowledgment of the amount of pre-deposit that has
been made, may be filed along with any appeal that the
petitioner may wish to prefer before the Tribunal. In the
event the petitioner prefers an appeal before the Tribunal
within six weeks from today, as prayed by Mr. Sridharan,
limitation shall not be a bar for entertaining and trying
such appeal on merits."
4 We dispose the petition with the following order :
(a) petitioner is granted six weeks from the date of
uploading this order on the official website of the
High Court to file an appeal before the concerned
authority.
(b) liberty is given to petitioner to approach this Court
for reviving the petition should the need arise after
the Apex Court decides an appeal filed by M/s. Mestra
Gauri Gaekwad
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A.G. Switzerland V/s. The State of Maharashtra and
Ors. in SLP (C) No.10336 of 2022 where, we are
informed, even notice has been issued.
(A. S. DOCTOR, J.) (K. R. SHRIRAM, J.)
Gauri Gaekwad
