M/S Shree Dharmanath Ventures Llp vs State Of Maharashtra Thr. Its Revenue ...
2024 Latest Caselaw 14620 Bom

Bombay High Court

M/S Shree Dharmanath Ventures Llp vs State Of Maharashtra Thr. Its Revenue ... on 7 May, 2024

Author: Amit Borkar

Bench: Amit Borkar

                                                          12-wp6563-2024.doc


 AGK
       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               CIVIL APPELLATE JURISDICTION

                     WRIT PETITION NO.6563 OF 2024

 Shree Dharmanath Ventures LLP                ... Petitioner
            V/s.
 The State of Maharashtra, through
 its Revenue Minister, Revenue
 Department & Ors.                            ... Respondents

 Mr. Vineet B. Naik, Senior Advocate with Mr. Aditya
 Shiralkar, Mr. Sukand Kulkarni and Ms. Disha Shetty
 i/by Wadia Ghandy & Co. for the petitioner.
 Mrs. V.R. Raje, AGP for the respondents - State.

                               CORAM : AMIT BORKAR, J.

DATED : MAY 7, 2024 P.C.:

1. Prima facie the order impugned in the writ petition is without jurisdiction and is passed without giving opportunity of hearing to the petitioner. Therefore, in view of the judgment of the Apex Court in Whirlpool Corporation v. Registrar of Trademarks, Mumbai reported in (1998) 8 SCC 1, both necessary conditions for invoking constitutional jurisdiction are made out.

2. Hence, Rule.

3. There shall be interim relief in terms of prayer clause (b) during the pendency of this writ petition.

(AMIT BORKAR, J.)