Bombay High Court
Baramati Agro Limited vs Union Of India on 30 June, 2025
Author: M. S. Sonak
Bench: M. S. Sonak
2025:BHC-AS:26134-DB
Sayyed 11-WP.19461.2024.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.19461 OF 2024
Baramati Agro Limited ...Petitioner
Versus
Union of India & Ors. ...Respondents
_____________________________________________________
Mr. Bharat Raichandani (through VC) a/w Mr. Aman Mishra
i/b. UBR Legal Advocates for the Petitioner.
Mr. Siddharth Chandrashekhar a/w Mr. Abhishek Mishra & Mr. Saket
R. Ketkar for Respondent Nos.3 to 5.
_____________________________________________________
CORAM : M. S. Sonak &
Jitendra Jain, JJ.
DATED : 30 June 2025
ORAL JUDGMENT:- (Per M. S. Sonak, J.)
1. Heard learned counsel for the parties.
2. Rule. The Rule is made returnable immediately at the request
and with the consent of the learned counsel for the parties.
3. Although various prayers have been sought in the petition, the
Petitioner today has only prayed that its representations are not being
considered by the Respondents and, therefore, he is seeking appropriate
writ to the Respondents for consideration of the same.
4. Mr. Raichandani, learned counsel for the Petitioner submits
that till date Petitioner's representations dated 24 September 2024 and
2 October 2024 are pending and are not being disposed of.
5. Accordingly, he submits that the Petitioner would be presently
satisfied if appropriate directions are issued for disposal of these
representations within a time bound schedule.
Sayyed 11-WP.19461.2024.docx
6. Mr. Chandrashekhar, learned counsel for the Respondents
submits that the Petitioner made payments under the RODTEP Scheme
voluntarily and without any protest. A closure report dated 27 June
2023 was also made in this matter. Still, the Petitioner's first
representation was made only on 17 September 2024. He submitted
that there is gross delay and laches and, therefore, no relief should be
granted to the Petitioner.
7. Mr. Raichandani, on instructions states that the Petitioner, if
found eligible for the rebate, will not claim any interest for the period
between 27 June 2023 and 31 December 2024, since, this petition was
instituted only on 22 December 2024. However, he submits that there is
no justification for not deciding the Petitioner's representations.
8. Accordingly, we accept the statement made on behalf of
Petitioner regarding interest and direct the concerned Respondent to
dispose of Petitioner's above referred representations in accordance with
law and on their own merits as expeditiously as possible, in any event
within three months of the uploading of this order.
9. Since we have not examined the matter on merits, all
contentions of all parties are left open.
10. The Rule is made absolute in the above terms without any
costs order.
11. All concerned must act on an authenticated copy of this order.
(Jitendra Jain, J.) (M. S. Sonak, J.)
Signed by: Sayyed Saeed Ali
Designation: PA To Honourable Judge
Date: 01/07/2025 17:46:47
