Bombay High Court

WP/538/2003 of WALLACE PHARMACEUTICALS PVT.LTD., AND 2 ORS., Vs SHRI A.W. RANE AND 3 ORS., on 25 November 2003

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COURT OF BOMBAY AT GOA WRIT PETITION NO. 538 OF 2003 WALLACE PHARMACEUTICALS PVT.LTD., ....Petitioners AND 2 ORS., Versus SHRI A.W. RANE AND 3 ORS., ....Respondents SHRI JOEL J. DE SOUZA,MR.P.A.KAMAT,GA-R.1 TO 3 Coram:- A.M.KHANWILKAR & P. V. HARDAS, JJ. Date:- 25th November, 2003 P.C.:

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IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 538 OF 2003

WALLACE PHARMACEUTICALS PVT.LTD., AND 2 ORS.,

Versus

....Petitioners

SHRI A.W. RANE AND 3 ORS.,

....Respondents

SHRI JOEL J. DE SOUZA,MR.P.A.KAMAT,GA-R.1 TO 3

-Coram:A.M.KHANWILKAR &P. V. HARDAS, JJ.-Date:25th November, 2003

P.C.:

Proceedings have been initiated againstthe petitioners under the Medicinal andToilet Preparations(Excise Duties) Act,1955.

2. Learned Counsel for the petitionerscotended that initiation of proceedingsis without jurisdiction and hence, thepetitioners have approached this Courtat this stage. It is also submitted thatas there is inherent lack of jurisdiction in the Authority, it is appropriatethat in this case, we may issue Rule andgrant interim relief.

3. In our opinion, the questions soughtto be agitated in the present petitioncan appropriately be dealt with anddecided by the Authority under the Medicinal and Toilet Preparations (Excise Duties) Act. Moreover, an appeal is provide d under the Medicinal and Toilet Preparations (Excise Duties) Rules, 1956 afteran order is passed.4. It is to be remembered that no orderis still passed by the Authority. TheOrder which will be passed can be madesubject-matter of an appeal.5. In the circumstances, we are not inclined to entertain this petition at thisstage. We may, however, observe that itis open for the petitioners to raise allthe contentions including the contention as to jurisdiction of the Authority totake action or to initiate proceedings.Let an appropriate decision be taken asexpeditiously as possible, preferablywithin six weeks from today. All contentions of the parties are kept open. Petition is, therefore dismissed.

A.M.KHANWILKAR, J.P. V. HARDAS, J.

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