Hi-Tech Rock Products And ... vs Union Of India
2021 Latest Caselaw 3223 Guj

         C/SCA/9398/2020                                       ORDER



            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 9398 of 2020
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    HI-TECH ROCK PRODUCTS AND AGGREGATES LIMITED THROUGH ITS
          AUTHORISED SIGNATORY RANDHIR KUMAR & 1 other(s)
                                Versus
                     UNION OF INDIA & 2 other(s)
==========================================================
Appearance:
MS AMRITA M THAKORE(3208) for the Petitioner(s) No. 1,2
MR ANKIT SHAH(6371) for the Respondent(s) No. 1,2
MR DHAVAL D VYAS(3225) for the Respondent(s) No. 3
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  CORAM: HONOURABLE MR. JUSTICE J.B.PARDIWALA
         and
         HONOURABLE MR. JUSTICE ILESH J. VORA

                             Date : 24/02/2021

                            ORAL ORDER

(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)

1. Draft amendment is allowed. Necessary incorporation shall be

carried out at the earliest.

2. One set of the entire amended writ application be furnished to Mr.

Dhaval D. Vyas, the learned standing counsel appearing for the

respondent at the earliest.

3. In the course of today's discussions as regard the matter, Mr.

Dhaval Vyas, pointed out that the judgment rendered by this Court

in the case of VKC Footsteps India Pvt. Ltd. Vs. Union of India & Ors,

upon which the significant reliance is sought to be placed by the

writ applicant has been carried by the Revenue to the Supreme

C/SCA/9398/2020 ORDER

Court. The Supreme Court has issued notice and also notice as to

interim relief. Mr. Vyas further brought to our notice that the

Madras High Court has taken a contrary view than the view taken

by this Court in the case of VKC Footsteps India Pvt. Ltd. (supra).

4. Ms. Amrita Thakore, the learned counsel appearing for the writ

applicants pointed out that the judgment rendered by the Madras

High Court has also been carried to the Supreme Court and all the

matters have now have been clubbed and to be heard by the

Supreme Court.

5. In such circumstances referred to above, when the entire issue is at

large before the Supreme Court and as on date, there is a

judgment of this very High Court in favour of the writ applicant,

then at least the authority should not proceed further with the

show-cause notice dated 12.02.2021 issued by the respondent

No.4. Mr. Dhaval Vyas shall speak to the respondent No.4 in this

regard and revert to us on the next date of hearing. Post this

matter on 04.03.2021.

(J. B. PARDIWALA, J)

(ILESH J. VORA,J) SUCHIT