Bytedance (India) Technology Pvt. Ltd vs Union Of India
2024 Latest Caselaw 24864 Bom

Bombay High Court

Bytedance (India) Technology Pvt. Ltd vs Union Of India on 27 August, 2024

Author: K. R. Shriram

Bench: K. R. Shriram

2024:BHC-OS:13247-DB
                 Sayyed                                                29-WP(L).24202.2024.doc


                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              ORDINARY ORIGINAL CIVIL JURISDICTION

                                WRIT PETITION (L) NO.24202 OF 2024

                 Bytedance (India) Technology Pvt. Ltd.          ...Petitioner
                      Vs.
                 The Union of India & Ors.                       ...Respondents
                                              __________
                 Mr. Sriram Sridharan a/w Ms. Nidhi Doshi and Mr. Shanmuga Dev for
                 Petitioner.
                 Ms. Maya Majumdar a/w Mr. Harshad Shingnapurkar Respondents.
                                            __________

                                         CORAM :     K. R. SHRIRAM &
                                                     JITENDRA JAIN, JJ.

                                         DATED :     27th AUGUST 2024

                 P.C.:

1. Petitioner is impugning all four orders passed on 3 rd May

2024, on the primary ground that these orders came to be passed

without even giving a personal hearing. Ms. Majumdar states the

department was using an old software which showed notice of personal

hearing was given, but Petitioner was unable to see that notice. When

we pointed out to Ms. Majumdar that, therefore, how could Petitioner's

grievance be stated to be unjustified, Ms. Majumdar in fairness stated

the Court may then remand the matter for denovo consideration.

2. Accordingly, the impugned order all dated 3rd May 2024 are

hereby quashed and set aside and the matter is remanded for denovo

consideration by Respondent No.2.

                                                 1 of 2
                                Sayyed                                                     29-WP(L).24202.2024.doc

3. Respondent No.2 shall give personal hearing to Petitioner,

notice whereof shall be communicated atleast 5 working days in

advance. The order to be passed shall be a reasoned order dealing with

all submissions of Petitioner. If Respondent No.2 is going to rely on any

order or judgment of any Court or Tribunal or any other forum, a list

thereof shall be made available alongwith the notice for personal

hearing. If the order or a judgment is unreported then a copy thereof

shall also be made available alongwith the notice. This will enable

Petitioner to deal with / distinguish the judgment or order.

4. If after the personal hearing Petitioner wishes to submit

written submissions recording what transpired for what was submitted

during the personal hearing, Petitioner may do so within 3 working

days of personal hearing.

5. The appeal shall be disposed by 30th November 2024.

6. All rights and contentions are kept open to the parties.

7. We clarify that we have not made any observations on the

merits of the matter.

8. Petition disposed.

                                      [JITENDRA JAIN, J.]                        [K. R. SHRIRAM, J.]




Signed by: Sayyed Saeed Ali
Designation: PA To Honourable Judge
Date: 29/08/2024 16:29:46                                          2 of 2